![]() ![]() If the child has been placed out of home for 15 of the past 22 months the court is required to order a termination petition be filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate. It is important to note that parents do not have unlimited time to engage in services and correct the parenting deficiencies that resulted in the filing of a dependency petition. 8 Failure to hold the fact-finding within 75 days is not a basis for dismissal of the dependency petition sanctions or other remedies may be appropriate. 7 The party requesting the continuance has the burden of proving by a preponderance of the evidence that exceptional circumstances exist. A continuance should only be granted if “exceptional circumstances” are found. The 75-day mandate gives dependency trials precedence over other civil trials. The fact finding hearing shall be held no later than 75 days after the filing of the petition. ![]() If this occurs, “the administrative hearing must be stayed (postponed) until the superior court has entered an order and findings regarding the dependency petition.” 6 DSHS may also file a dependency petition with the superior court alleging abuse or neglect separate from the administrative hearing. This decision can be appealed through an administrative proceeding known as a CAPTA 5 hearing. ![]() 4 §1 TimingĪs a procedural note, if a parent has been accused of abuse or neglect, Child Protective Services (CPS) will conduct an investigation and enter a finding of founded or unfounded. 3 Only after a finding of dependency may the court order remedial measures to alleviate the problems that prompted the State’s initial intervention. The fact-finding hearing is a trial to determine whether (1) the State may intervene over the objections of the family and (2) the child should be declared dependent. ![]()
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