Legal Question in Family Law in Washington

Re: 17 yr old rights

You didn't say whether it is a dependency guardianship or a Title 11 guardianship. I suspect it is the former, and that it arose out of a dependency. If that is the case you may make a motion in juvenile court based substantial change of circumstances and the best interests of the child. See RCW 13.34.233 at http://apps.leg.wa.gov/RCW/default.aspx?cite=13.34.233.

If it is a Title 11 guardianship, refer to the other answers.

As a practical matter, 17-year-olds tend to do what they please. If she wants to stay with you, she may want to take matters into her own hands by staying with you or with one of her friends. If she stays with you, you would have to notify the guardian she was there, RCW 13.32A.082 at http://apps.leg.wa.gov/RCW/default.aspx?cite=13.32A.082,

and follow the requirements of RCW 13.32A.080 at http://apps.leg.wa.gov/RCW/default.aspx?cite=13.32A.080.

(The guardian would be considered the parent for the purposes of notification under these statutes.)

Your daughter could also consider emancipation under chapter 13.64 RCW at http://apps.leg.wa.gov/RCW/default.aspx?cite=13.64.

Re: 17 yr old rights

The short answer is yes, your daughter is subject to the control of the guardian, but if there is some substantive reason why she should not go back, you can make a motion under the guardianship. Did you consent or join in the guardianship action? If you did not it is more likely a third party custody action. There is no doubt a reason why somebody was appointed to look out for you daughter, and you better be prepared to address that situation also.

Re: 17 yr old rights

If your daughter is in immediate danger at her guardians' home, she needs to report this to CPS or her school or some other mandatory reporter.

If it isn't an issue of immediate danger, she has a remedy of filing a CHINS petition in juvenile court to ask the court to enter an order providing the residential arrangements she wants.

That said, 17 year olds sometimes want things that a court would not approve - they want to be allowed to stay out all night, or not go to school, or some other goal that is not congruent with their best interests.

Hope this helps. Elizabeth Powell