Parental Duty to Support

The Washington Administrative Code (WAC) 388-15-011 defines abandonment for purposes of state law. Under the section, a parent or guardian with the legal duty of care for a minor abandons the minor when they:

• desert the minor with an intent to abandon,
• leave the minor without the means or ability to meet the basic necessities of life such as food, water, shelter, clothing, hygiene, and medically necessary health care
• ignore parental responsibilities when they have the means to fulfill them.

If a minor is abandoned, they are deemed to be a dependent child under Revised Code of Washington (RCW) 13.34.030, which permits them to file, at no fee, a petition for support with the superior court pursuant to RCW 13.34.040. The petition for support leads to a fact finding hearing before the court where both the child and the parent(s) or guardian(s) will be present. The dependent child, if 12 or older, may be entitled to have the court appoint them a lawyer if they request it, pursuant to RCW 13.34.100(6). RCW 13.34.100 also requires the appointment of a guardian ad litem, who is obligated to advocate for the best interests of the dependent child. The proceeding can lead to an order of the parent(s) or guardian(s) to support the child pursuant to RCW 13.34.160. Certain situations, discussed in RCW 13.34.132, can lead to the termination of the parent-child relationship, which eliminates the parent or guardian's rights, and their obligations to support the minor child.

As part of the parental duty to support a minor, the parent may have the obligation to provide health insurance coverage for the child under RCW 74.20A.300.

Guardianship

Under RCW 13.34.230, any party to a support proceeding mentioned above can petition for a guardianship to be created for the minor child. The court must conduct a guardianship hearing pursuant to RCW 13.34.231, and if it finds the conditions of the section met, a guardian will be appointed. A guardian is responsible for providing for the basic needs of the child under RCW 13.34.232, which includes, among other responsibilities, food, clothing, shelter, education, and health care.