§59.07 Alternative Permanent Plans

• Jurisdiction: Washington

§ 59.07 ALTERNATIVE PERMANENT PLANS

Alternatives to termination of parental rights include a dependency guardianship per RCW 13.34.232, minor guardianship (replacing nonparental custody as of January 1, 2021), or relinquishment and adoption. The right to participate in a parental rights termination proceeding extends only to persons having legal parent status under RCW 13.34.180 and .190. In re Dependency of D.M., 136 Wn. App. 387, 149 P.3d 433 (2006). (In D.M., the parties, whose status as legal custodians were terminated upon the vacation of a nonparental custody decree, were properly excluded from dependency proceedings and had no right to intervene.)

Settlement of a termination case is often possible despite the high level of emotion involved, and usually involves dependency guardianship, minor guardianship, or relinquishment of parental rights. Mediation and settlement conferences are used in some counties to facilitate settlement of the termination issues. In other counties, settlement is routinely accomplished through negotiations facilitated by counsel.

Family group conferencing is an alternative dispute resolution process that has become increasingly popular. A family group conference is a loosely facilitated meeting that involves family members and support people from the family's community. The theory behind family group conferencing is to empower the extended family and community of the family in resolving the issues. Nobody knows the child and parents better than the family and the family's community. Also, no one has more care and investment in seeing that the child is safe and healthy. Therefore, the family is in the best position to develop a comprehensive plan for the safe, stable, and permanent placement of the child.

With the assistance of the facilitator, the participants in the family group conference will be informed about the issues and concerns that need to be addressed. They can also consult with DSHS about services and resources that are available in the community. The group is left to develop a plan on its own, but the plan must be ultimately approved by DSHS and later by the court.

By being involved in this way, the family also becomes invested in supporting the plan, probably to a higher degree than they would if they were left out of the planning stage and simply told by DSHS what the plan was. This process may also serve as a mechanism for getting the maternal and paternal sides of the family together for the first time. It...