Guidance on Resuming Dependency Fact Finding and Termination of Parental Rights, issued by the Washington Supreme Court in July 2020.
At the request of Chief Justice Debra Stephens, a workgroup was formed by Justice Barbara Madsen, Co-Chair of the Commission on Children in Foster Care, to develop model guidelines and best practices for resuming dependency fact finding and termination of parental rights trials following the March 2020 suspension of all trials due to the COVID-19 pandemic. The guidance was created with input from stakeholders and with review of protocols individual courts had put in place and draft protocols that were being considered.
The Workgroup considered the importance of timely permanency for children and families, due process rights for parents, current public health and safety recommendations, active executive and Supreme Court orders, and the diversity of resources available to meet the needs of dependency courts across the state.
The guidance document provides guidance that address the following issues:
- When to move forward with virtual or in-person trials regarding Termination of Parental Rights
- How to conduct a virtual dependency Fact Finding Trial
- Developing protocols and training for virtual and in-person hearings to include:
o Pre-trial process
o Parent/child participation
o Attorney-client consultation during trial
o Exhibits
o Witnesses
o Open courtrooms
o Technical issues
The guidelines also contemplate ongoing coordination among stakeholders impacted by the resumption of dependency trials, including but not limited to, judicial officers, courthouse staff, agency attorneys, parent attorneys, child attorneys, court appointed special advocates, child advocates, social workers, parent allies, tribes, etc. Courts should also maintain open communication with their local health departments and consider sharing their plans and trainings to resume in-person dependency trials. The Washington State Supreme Court and Administrative Office of the Courts (AOC) continue to monitor the public health situation and follow recommendations from the Centers for Disease Control and Prevention and the Washington State Department of Health. Courts can anticipate additional support and guidance from the Court Recovery Task Force, a newly launched effort of the Board for Judicial Administration.
