Dictionary

A

Sexual Exploitation
Includes (a) allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person. RCW 26.44.020 (14)

Negligent Treatment or Maltreatment
An act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety. RCW 26.44.020 (15)

Severe Abuse
Includes (a) any single act of abuse that causes physical trauma of sufficient severity that, if untreated, could cause death; (b) any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or (c) more that one act of physical abuse, each which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness. RCW 26.44.030(1)(c)

Use of Force on Children
Physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.

The following actions are presumed unreasonable when used to correct or restrain a child:

Throwing, kicking, burning, or cutting a child;
Striking a child with a closed fist;
Shaking a child under age three;
Interfering with a child's breathing;
Threatening a child with a deadly weapon; or
Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks.

The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. RCW 9A.16.100

Adjudicate
To make a judicial settlement or decision

Adoption and Safe Families Act (ASFA)
Federal legislation intended to address the problem of foster youth experiencing multiple placements and achieve a balance of safety, well-being, and permanency for children in foster care. Washington State law was amended to reflect the permanency planning requirements of ASFA.

Adoptive Parent
A person not related to the child by birth, but with a legal relationship to the child and the same mutual rights and obligations as between a child and his or her birth parents.

AEP
See Authorized Emergency Placement

Affidavit
A written statement that is sworn and notarized. A declaration serves the same function and is more convenient in that the writer's signature need not be notarized.

Agreed Order:
Also known as a stipulated order; may be used in any legal proceeding. The document usually contains stipulated/agreed findings of fact, conclusions of law and order. An agreed order makes trial unnecessary for the parties who have signed the order, as all the parties to that particular order (including the child's volunteer CASA or attorney) have agreed. Agreed orders are not legally binding until accepted and signed by the court. Agreed orders bind only those who have signed them (individually or through their lawyers), so additional orders are needed for non-signing parties.

EXAMPLE: Mother agrees to dependency. Her lawyer signs a stipulated dependency order, as does the Department's representative and the guardian ad litem. The father does not appear or does appear but refuses to agree. Resolution of his part of the case must be completed via a default order in the case of nonappearance at any time during the case or trial in the case of appearance/disagreement.

ARY
See At-risk Youth

At-Risk Youth (ARY)
RCW 13.32A.030(2). An unemancipated juvenile-(a) who is absent from home for at least seventy-two consecutive hours without consent of the parent; (b) who is beyond the control of his or her parent such that the child's behavior endangers the health, safety or welfare of the child or any other person; or (c) who has a substance abuse problem for which there are not pending criminal charges related to the substance abuse.

At-Risk Youth Petition
RCW 13.32A.191 et seq. A child's parent may file with the juvenile court a petition in the interest of a minor alleged to be an at-risk youth. If requested, DSHS must assist the parent in filing an ARY petition. The goal is to assist the parents in getting the child home or to a placement approved by the parents. The court may order ongoing involvement by DSHS. It may set conditions for supervision of the child, including regular school attendance, counseling, mental health or substance abuse outpatient treatment, regular reporting to DSHS or other person/agency, etc. The court may also order the parent(s) to participate in counseling or other services for the child requiring parental participation. Failure to comply may result in contempt proceedings against the child or parent. RCW 13.32A.250. However, DSHS cannot be obligated under RCW 13.32A to provide services it has determined are unavailable or unsuitable or that the minor or family is not eligible for the services. RCW 13.32A.300.

Authorized Emergency Placement (AEP)
A placement made by Children's Administration under the authority exercised by a law enforcement officer, physician or hospital administrator acting in accordance with law.

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B

No terms beginning with the letter "B" are currently defined.

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C

Case Management Services
Includes arranging, coordinating, and monitoring services for children and their families.

Child in Need of Services (CHINS)
RCW 13.32A.030(4) and (5). An unemancipated juvenile who meets one of the following three requirements: (a) is beyond the control of his or her parent such that the child's behavior endangers the health, safety or welfare of the child or other person; (b) has been reported to law enforcement as absent from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions and has exhibited a serious substance abuse problem or has exhibited behaviors that create a serious risk of harm to the health, safety or welfare of the child or any other person; or (c) is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family; who lacks access or has declined to utilize these services; and whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

Child in Need of Services (CHINS) Petition
RCW 13.32A.140 and 13.32A.150. A CHINS petition may be filed by DSHS, the child, or the parent. DSHS must assist either the parent or child to file. Typically, the child is at least initially placed in out-of-home placement. After filing of a CHINS petition, DSHS may place the child, if not already placed, in a crisis residential center, a foster family home, a group home facility licensed under chapter 74.15 RCW, or any other suitable residence determined by DSHS. Services for the parties may be ordered. Failure to comply with placement or services may result in contempt proceedings against the child or parent. RCW 13.32A.250. However, DSHS cannot be obligated under RCW 13.32A to provide services it has determined are unavailable or unsuitable or that the minor or family is not eligible for the services. RCW 13.32A.300.

Child Support
Financial support paid by a non-custodial parent to help support the child or children of whom they do not have custody. Child support can be either voluntary or court-enforced. Child support can come in different forms, including: (a) Medical support, where the child is provided with health insurance, either through the non-custodial parent's private insurance or through public assistance that is reimbursed in whole or in part by the non-custodial parent, or a combination of the above options. (b) Monetary payments can come in the form of a one-time payment, installments, or regular automatic withholdings from the non-custodial parent's income. They can also come from the offset of income tax refunds and/or administrative payments made to the non-custodial parent, such as Federal retirement benefits.

Children's Administration
The division of Washington's Department of Social and Health Services that seeks to protect children from abuse and neglect, provides family support and reconciliation services, arranges foster care and adoption services, and licenses child care providers.

CHINS
See Child in Need of Services

Closed Without a Finding
An investigative conclusion indicating that the investigator is unable to reach a finding because the investigation could not be completed because of the family moving out of the jurisdiction, inability to locate the family, or reports that were not received within the required time frame.

Conclusions of Law
A court issues findings, conclusions of law, and orders at the end of the trial or as a result of an agreed order negotiated by the parties. The conclusions of law set forth legal determinations, such as determination that the court has jurisdiction over the parties.

Concurrent Planning
The permanency plan formulated by DSHS may designate primary and alternate goals, including return home, adoption, dependency guardianship, permanent legal custody, or long-term relative or foster care (under certain specified conditions). This plan may change over time. When two plans are designated, the social worker works toward both plans until a determination is made that one is more favorable than the other.

Consent to Place
DSHS may place a child in foster care without a court order if the parent requests or consents to such placement except in cases of Indian children to whom the provisions of the Indian Child Welfare Act apply (and require verification of voluntary placement on the court record). The parent may revoke the consent at any time. If the parent revokes his or her consent, the child must be returned to the parent or a court order authorizing continued out of home placement must be obtained. As noted above, special procedures under the Indian Child Welfare Act apply if a parent wishes to consent to out of home placement of an Indian child.

Continuance
Postponement of a hearing. Note: Some hearings cannot be continued beyond time frames specified by law except under exceptional circumstances. For example, a dependency fact-finding hearing must be held within seventy-five days from filing of the petition and may be continued beyond that time only upon a showing to the court of extraordinary circumstances.

Court Appointed Special Advocate (CASA)
Volunteer advocate that is appointed by the judge to work for the best interests of an abused or neglected child until the child is in a safe permanent home. A CASA is a full party to the case and, as such, is entitled to notice of all proceedings and must sign all orders (including agreed or stipulated orders).

CRC
See Crisis Residential Center

Crisis Residential Center (CRC)
Temporary protective semi-secure group care residential facility licensed by DSHS. These facilities shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children. CRCs are used in conjunction with CHINS proceedings.

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D

DCFS Assessment
A process through which DCFS determines if the child and/or others involved in the report of alleged abuse or neglect need services.

Declaration
A written statement in which the writer swears under the perjury laws that the statements contained therein are true. Material contained in a declaration should be limited to material admissible in court, although this rule is often interpreted liberally.

Default
Order entered in a party's absence when that party has failed to appear. The following are prerequisites to entry of a default order: (a) the party has been properly served but has nonetheless failed to appear; (b) the party is not represented by counsel in the proceeding; (c) the party has not telephoned or otherwise had contact indicating that he or she wishes to appear and avoid default. The default order is signed by the court and grants the relief requested by the opposing party.

Department of Social and Health Services
This is the agency within the Washington State government that includes the Children's Administration

Dependency
Proceeding under RCW 13.34 in which the petitioner (usually DSHS) seeks to provide protection to the child, reunification services to the family, and concurrent planning.

Dependency Disposition Hearing
See Hearings under the Juvenile Court Act, RCW 13.34

Dependency Fact-finding Hearing
See Hearings under the Juvenile Court Act, RCW 13.34

Dependent Child
RCW 13.34.030(5). Any child (under age eighteen) found by the court to be: (a) abandoned; (b) abused or neglected; or (c) without a parent, guardian or legal custodian capable of adequately caring for the child such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

Deposition
A form of discovery via sworn testimony (questions by counsel, answers by person being deposed) presented and recorded at a location other than court. One purpose is to preserve the testimony of a witness who may be unavailable to testify at a later court hearing. Under certain circumstances, the deposition of the witness may be used instead of in-court testimony. Another purpose is to allow a party to discover the substance of a potential witness's testimony. Trial strategy may then be planned based on the discovered information. Furthermore, the witness may be impeached using the deposition if she or he later testifies to different information at trial. This means the witness' credibility will be challenged if his or her answers at trial differ from answers at a deposition.

Discovery
The pretrial devices that can be used by one party in a legal proceeding to obtain facts and information about the case from another person in the proceeding in order to assist in the preparation for trial. An example of a discovery device is a subpoena duces tecum.

Division of Children and Family Services
Division of Washington State's Children's Administration that provides child protection, child welfare services, family reconciliation services, and arranges adoption and foster care.

DSHS
See Department of Social and Health Services

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E

Extended Family Member
RCW 13.32A.030(10). An adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable. To be considered as a placement option for a child, this person must also be willing and available to care for the child.

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F

Family Reconciliation Services
These voluntary services for families work to maintain the family as a unit and prevent out-of-home placements for youth. These services are available 24 hours a day, seven days a week.

Family Support Services
Community-based prevention services that support the well-being of children and families and increase the strength and stability of families, including increasing parents' skills and confidence in their parenting abilities. Family support programs also help families access needed social and health services.

Findings of Fact
A court issues findings of fact, conclusions of law, and orders at the end of the trial. The Findings of fact recite the facts the court found in reaching its decision.

Foster Care
Twenty-four hour substitute care for children for whom DSHS has placement and care responsibilities. Generally, this term refers to non-relative family homes where a child who has been placed away from his or her parents or guardians receives care. However, as a legal term it may include foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes.

Foster Parent
An individual providing a home for a child who is unable to reside safely with his or her parents or guardians. Foster parents are licensed and their care for the child is usually done with the approval of the government or a social service agency. Foster parents can be related to the child or not.

IV-E (Four E)
The section of the Social Security Act that applies to reimbursement to the State of funds spent on children in foster care. Under this title, the federal government will share in the cost of certain expenses for eligible children in foster care. 42 U.S.C. § 670 et seq.

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G

Guardianship
Dependency guardianship is a permanency planning option under RCW 13.34.231-232 in which a person other than the child's parent, nonprofit corporation, or Indian tribe is appointed by the court to assist in supervision of the dependent. The child remains dependent for the duration of the guardianship, but the guardian assumes many parental roles and review hearings are no longer required.

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H

Shelter Care Hearing
This hearing is used to determine whether the child should remain in shelter care (defined below) pending the dependency hearing. The hearing shall be held within seventy-two hours (excluding weekends and holidays) of the child's removal from parental care. Reasonable efforts must be made to provide notice to the parent(s), guardian and/or legal custodian.

Rules of evidence are relaxed at shelter care hearings, and hearsay is admissible. Depending on the practice in a county, the indigent parents have the right to appointment of counsel at the shelter care hearing or on a provisional basis prior to the shelter care hearing. The court should also appoint a volunteer CASA, guardian ad litem or attorney for the child.

At the shelter care hearing, the court will order the child returned home or will order the child into ongoing temporary care. The child will not be returned home if: reasonable efforts have been made to prevent or eliminate the removal of the child from the home and to make it possible for the child to return home or emergency conditions requiring immediate placement made such efforts impossible; and the child has no parent, guardian or legal custodian to provide supervision/care for the child or release of the child would present a serious threat of substantial harm to the child or the parent, guardian or legal custodian to whom the child could be released is alleged to have violated RCW 9A.40.60 or 9A.40.70.

Shelter care orders are effective for only thirty days. Additional orders must be entered if the child is to remain in shelter care beyond that period.

Dependency Fact-finding Hearing
Dependency Fact-finding Hearings are often combined with the disposition hearing, below. It is a hearing or trial on the allegations of the dependency petition. Fact-finding hearings are also held in guardianships, proceedings for termination of parental rights, ARY, and CHINS matters. Rules of evidence apply. In dependencies, a fact finding must be held within seventy-five days of filing the petition unless the party requesting the continuance can prove that extraordinary reasons for a continuance exist.

Dependency Disposition Hearing
This hearing occurs no later than fourteen days after dependency is established to determine placement, visitation, and services pursuant to a dependency. Rules of evidence are relaxed at the disposition hearing and hearsay is admissible. The agency must provide a plan concerning placement and reunification services. RCW 13.34.120. The plan and disposition order should provide sufficient detail so that they advise the parties and court of remedial actions and service compliance expected of the parents. See also disposition hearings under RCW 13.32A.

Review Hearing
The dependency review hearing examines what occurred in the case since the last court action. It does not relitigate matters from the start of the case, but the agency attorney in his or her opening and the social worker in the course of testimony should familiarize the court with the historical context of the case. Rules of evidence are relaxed. The court will examine placement and compliance with the dispositional order, and it can modify either if the circumstances so require. Review hearings must occur at least every six months. RCW 13.34. 138. See also review hearings under RCW 13.32A.

Permanency Planning Review Hearing
Children have the right to speedy resolution of proceedings under RCW 13.34. RCW 13.34.020. Therefore, the legislature requires that DSHS form a permanent plan within 60 days of the onset of the case and inform the parties and the court. The permanent plan formulated by DSHS must be directed toward securing a safe, stable, and permanent home for the child as soon as possible, preferably before the child has been out of the home for fifteen months. The permanency plan formulated by DSHS may designate primary and alternate goals, including return home; adoption; dependency guardianship; permanent legal custody; or long-term relative or foster care (under certain specified conditions). The plan may change over time.

The plan must be incorporated into a court order via a permanency planning hearing. A permanency planning hearing shall be held in all cases where the child has been placed in out-of-home care for more than nine months without adoption or guardianship; the hearing must take place no later than twelve months following the beginning of the current placement.

Termination of Publication Hearing
This is a hearing to default those parties for whom publication was ordered because, after a diligent search, they could not be located for personal service. Publication must be made in the county of the dependency as well as in the county (within or outside the state) of the person's last known address. The first publication of notice must occur at least twenty-five days prior to the date fixed for the hearing. Publication must occur once a week for three consecutive weeks. RCW 13.34.080.

Emergency Medical Hearing
An Emergency Medical Hearing may occur any time during the process. The hearing is set (usually upon shortened time) when non-routine procedures are required and the parent is unavailable for or unwilling to give consent. Special procedures exist for HIV testing of a child believed to have been exposed and potentially in need of treatment.

Hearsay
A written or oral statement made outside of court offered in court to prove the truth of its content (i.e., the truth of the matter asserted). Many out of court statements fall outside this rule-either because they are not offered for their truth (such as merely offering a statement of the mother's boyfriend, not alleging that it is true) or made by a party opponent (i.e., statements of the parents are admissible). Some hearsay statements are admissible in court through special designated exceptions.

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I

Independent and Transitional Living Services Activities and services to help older foster youth or homeless youth transition to independent living

Indigent
RCW 13.34.030(10) "Indigent" means a person who, at any stage of a court proceeding, is: (a) Receiving one of the following types of public assistance: Temporary assistance for needy families (TANF), general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, or supplemental security income; or (b) Involuntarily committed to a public mental health facility; or (c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or (d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.

Inherent Rights
Any party over the age of twelve has the right to be represented by an attorney in all proceedings under RCW 13.34, to introduce evidence, to be heard on his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence presented at the hearing, and to an unbiased fact-finder. At all stages of the proceedings under the chapter, the child's parent or guardian has the right to be represented by counsel and, if indigent, to have counsel appointed by the court at no cost to the parents. RCW 13.34.090.

Initial Placement Date
The first day a child is removed from the home, whether by court order, police, or hospital hold. Court dates such as the review hearing date and permanency planning reviews are determined by this date. The date does not change even if the child is moved to other DSHS placements or to relative care.

Interpreter Services
Non-English speaking or hearing impaired persons have the right to a court-appointed, qualified interpreter in juvenile proceedings. In addition, paper work (especially the petition, notice and summons) should be translated into the person's native language.

Interrogatories
A form of discovery using written questions developed by a party's attorney and served on the opposing party, who must respond in writing and under oath within twenty days after service. The usual purpose is to discover information that will assist in preparation for court.

Investigation
Collecting and assessing objective information to determine if a child has been or is at risk of being abused or neglected. This often includes face-to-face contact with the child and results in a decision about whether the report is substantiated.

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J

Jurisdiction
Jurisdiction is the authority the court has to hear a case based on the geographic location of the court and the subject matter of the case.

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K

No terms beginning with the letter "K" are currently defined.

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L

No terms beginning with the letter "L" are currently defined.

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M

Motion A written request for the court to take some action (for example, continuance, return of child home, dismissal, early review) supported by law and a declaration.

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N

Non-custodial Parent
The parent that does not have custody of the child, but has a responsibility to pay child support.

Not Substantiated
Determination that there is not substantial evidence following an investigation to conclude that the child has been or is at risk of abuse or neglect.

Notice
Advises a person of a court date, time, place, and reason for hearing. Most notices must be written and served in a timely fashion. Others (such as notice for shelter care) may be oral. Notice should not be confused with service.

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O

Out-of-home Placement
Placement in a foster family home or group care facility licensed under RCW 74.15 or placement in a home (other than that of the child's parent, guardian, or legal custodian) not required to be licensed under RCW 74.15.

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P

Permanent Legal Custody
This is commonly referred to as "Third Party" custody. Someone other than a parent (a third party) takes legal custody of a child. This order is issued pursuant to RCW 26.10 or equivalent laws of another state or a federally recognized Tribe.

Petition
A written statement asking the court to take some action. It contains supporting factual allegations and lists the legal reasons for the proposed action.

Pick Up Order
Orders to place child in out-of-home care. These are usually sought from the court when a dependency petition is filed but are also used to remove a dependent child from the home. In either case, this order is made when the child is in imminent harm and must be removed from the home pending a shelter care hearing. This method of removal is often preferable to Authorized Emergency Placement by law enforcement when time allows and when the matter may be handled during business hours because court oversight is involved.

Prevention Services
A range of services designed to prevent abuse and neglect.

Protective Custody
There are three types of protective custody. (a) "Hospital hold" - an administrator of a hospital or licensed physician may detain a child without parental or court consent whether or not medical treatment is required. The medical professional must believe that permitting the child to be with the parent or other person having control of the child poses imminent danger to the child's safety. The administrator or physician must notify DSHS of the hold within seventy-two hours. DSHS may detain the child until the court assumes custody, but in no case longer than seventy-two hours from the initial protective custody, excluding weekends and holidays. At the expiration of seventy-two hours, the child must be returned to the parent or a shelter care hearing must be held. RCW 26.44.056 (b) Law enforcement - law enforcement places a child in protective custody based on an independent determination that the child's health, safety, and welfare is jeopardized. (c) A court order allowing DSHS to put the child in out-of-home placement (i.e., pick-up order).

Public Disclosure
A request by a member of the public for records pursuant to RCW 42.17. "Public" disclosure should be distinguished from disclosure of records under RCW 13.50 and discovery.

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Q

No terms beginning with the letter "Q" are currently defined.

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R

Relative
Any blood relative, including those of half-blood, first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great or great-great. Relatives also include step-parents, step-siblings, and people who legally adopt a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents. Relatives also include the spouses of all persons listed here even after the marriage is terminated.

Relinquishment
Voluntary (via the parent's consent) termination of parental rights. Must be approved by DSHS. Special rules apply in cases involving Native American families.

Review Hearing
See Hearings under the Juvenile Court Act, RCW 13.34

Revised Code of Washington (RCW)
The laws of the state of Washington, as passed by the legislature.

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S

Severe Abuse
See Abuse or Neglect

Sexual Exploitation
See Abuse or Neglect

Shelter Care
Temporary care prior to a finding of dependency in a licensed facility, relative care, or other suitable placement authorized by the court. RCW 13.34.060.

Shelter Care Hearing
See Hearings under the Juvenile Court Act, RCW 13.34

Subpoena
Written document signed by an attorney requiring a person to appear and provide information. Technically, subpoenas are effective only within the state and upon personal service, although as a courtesy they are often accepted under lesser standards (i.e., most witnesses and agency personnel will cooperate when subpoenas are mailed to them).

Subpoena duces tecum
Subpoena requiring a person to produce records.

Substitute Care Provider
A person who provides out-of-home care for children. This includes foster parents and residential facility staff.

Summons
A formal document notifying a person that an action has been started in court and that the person is required to appear and answer the petition or be held in default. If a person does not receive notice within required time frames and in the manner specified by statute, the court lacks jurisdiction (authority) to issue rulings as to that person.

Supervising Agency
The agency given responsibility under a dependency order to provide for the daily monitoring of the child, services, and case planning for the family. The designated agency is usually DSHS, but can be another licensed child-placing agency.

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T

Termination of Publication Hearing
See Hearings under the Juvenile Court Act, RCW 13.34

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U

Use of Force on Children
See Abuse or Neglect

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V

No terms beginning with the letter "V" are currently defined.

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W

Washington Administrative Code (WAC)
Orders, directives, and regulations issued by state agencies under authority of statutes. The WACs set for the Minimum Licensing Requirements for foster homes, child care providers, and further define child abuse and neglect.

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X

No terms beginning with the letter "X" are currently defined.

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Y

No terms beginning with the letter "Y" are currently defined.

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Z

No terms beginning with the letter "Z" are currently defined.

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