Legal Question in Juvenile Dependency in Washington

Re: Due Process

Practical recourse? Probably none. The court seldom gets too exercised about the department not following the law. But the goal should be to get your kids back if that is possible.

Your email raises a question in my mind whether you have custody of your child. Perhaps you are a non-custodial father. If so you should be able to get your child back if you are not the reason the child was taken.

However, there are some things you can do.

1. Familiarize yourself with the statutes, chapters 13.34 RCW at http://apps.leg.wa.gov/RCW/default.aspx?cite=13.34 and 26.44 at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.44. Also review the department's own regulations at chapter 388-15 WAC at http://apps.leg.wa.gov/WAC/default.aspx?cite=388-15. There are other resources, but this is a start. Pay careful attention to 13.34 up to about RCW 13.34.120.

2. Request your case records in writing and keep a copy of the request with their "received" stamp on it. See http://www1.dshs.wa.gov/word/ms/forms/17_041.doc for a fill-in request form.

3. Tell your legislators how the CPS has violated the law. It is good to educate them about the laws they make are not followed.

4. File a written complaint with OFCO at http://www.governor.wa.gov/ofco/default.asp. They may not do anything specific in your case, but they like to know when a particular caseworker does not follow the law.

5. Get an attorney. File a motion to sanction the department for violating the law.

6. Contact the CPS worker's supervisor and file a written complaint.

7. Be polite with the department, but firm when necessary. Treat them like your favorite aunt and uncle and trust them like a rattlesnake.