DEPENDENCY GUARDIANSHIPS FOR WASHINGTON YOUTH- A PERMANENCY OPTION Washington state law continues to recognize dependency guardianships as a permanency option for children in the foster care system. It is primary used in cases of older children, as the state continues to support adoptions as the preferred plan for younger children, given that a guardianship can be modified or vacated in certain circumstances. A guardianship can be an appropriate option for a youth in foster care, if the youth does not want to be adopted (or the foster parent is unwilling to adopt) but desires for all of, or certain parental responsibilities to be in the guardian’s control. A guardianship will insure placement of the child with the guardian until the child reaches the age of 18, or until “further order of the court.” The guardianship order can set out visitation with the parents and siblings, and can allow the youth to continue his or her relationship with the biological family. The visitation order may be very specific as to contact with the biological family, or may allow the youth and the guardian (working with the family) to set out a reasonable visitation schedule. The guardianship order can address whether the biological family can attend special events of the child, such as sports events, high school graduation, etc. The guardianship order gives specific powers of consent to the guardian, including the right to consent to medical, psychological care and dental care for the youth. The guardianship order outlines the guardian’s rights and responsibilities concerning the “care, custody and control of the child.” The guardianship order will specify whether the guardian has the authority to receive or expend funds or property belonging to the child. The guardian will assume the responsibility for the protection, education and discipline of the child, will be required to provide food, shelter, education and routine health care to the child, consent to school activities, etc. (See RCW 13.34. 232.) When drafting guardianship orders, it is common to include additional areas of consent that the child will likely require, including giving the guardian the ability to consent to the child enrolling in Driver’s Education classes, consenting to obtaining a driver’s permit, driver’s license, obtaining a passport, consenting to travel both within and outside of the United States, and consenting to the child’s college applications and financial aid documents. Any party to a dependency action may file a guardianship petition. It is not uncommon for the youth’s attorney to file the petition if the youth so requests. The legal proceedings are not complicated and can generally be done at Juvenile Court. In counties where youth are not routinely provided an attorney, the youth should be encouraged to request an attorney (pursuant to RCW 13.34.100 (6)) in order that the attorney can address the youth’s stated interests with regards to the guardianship orders. A guardianship will be established if the following elements are met: the child is dependent, a dispositional order has been entered, the child has been out of the parents’ care for more than 6 months after dependency was established, that services were offered to correct the parental deficiencies but there is little likelihood that the deficiencies can be remedied, and that a guardianship, rather than terminating the parent-child relationship or returning the child home is in the child’s best interest. (RCW 13.34.231) Once a guardianship is established, the intent is that it remain in place until the child reaches the age of 18. If there is a substantial change of circumstance, (and it is in the best interest of the child) the court can modify or vacate the guardianship. Any party to the guardianship can make a motion to modify or vacate the guardian but must give notice to the parties, including DSHS. Generally, DSHS does not continue to supervise the guardianship placement once the guardianship is entered, and there are no longer regular dependency review hearings in court. The dependency case remains open, however, should the court need to address a motion to modify or vacate the guardianship. In order to serve as a guardian, the proposed guardian must be over the age of 21 and must meet the minimum requirements to care for children. (RCW 74.15.030) The guardian must generally pass a criminal and CPS background check, and a home study is usually required. The guardian does not have to be a foster parent, although it may be finally beneficial for the guardian to be licensed. The guardian should be provided with information regarding the child’s financial and medical benefits, so the guardian can decide if a guardianship is the most beneficial legal status for the child and for the guardian.

The Money section provides a brief overview of the guardian's obligation to support a dependent child.