Minor Guardianship in Washington — A New Approach
In 2019 the Washington State Legislature implemented major changes to non-parental custody laws with the passage of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), codified as Revised Code of Washington (RCW) 11.130. Before adoption by Washington, the act was written by the Uniform Law Commission (ULC) in 2017. Described by the ULC as a comprehensive guardianship statute for the twenty-first century, “it was drafted with extensive input from experienced guardianship judges and organizations that advocate for guardianship reform.”
According to the Legislature’s final bill report legislation summary:
A court may appoint a guardian for a minor if the court finds the appointment is in the minor’s best interest, and:
• the parents consent, after being fully informed of the nature and consequences of guardianship;
• all parental rights have been terminated; or
• the court finds by clear and convincing evidence the parents are unwilling or unable to exercise their parental rights.
The UGCOPAA replaces non-parental custody actions with a completely different court process, where a person interested in the welfare of a minor can petition the court for appointment of a guardian. Full implementation of the new law was scheduled to begin on January 1, 2021. Due to COVID-19 and the resulting superior court backlogs, the repeal of the old non-parental custody statutes (RCW 26.10) was delayed, giving the courts time to transition previously filed non-parental custody actions to minor guardianships. Previously entered final non-parental custody orders are still good and enforceable.
The Northwest Justice Project produced a video tutorial, which explains the new process and particulars of minor guardianship. The Washington Administrative Office of the Courts also published a comprehensive FAQ about the new law.
Key points of the new law highlighted in the Northwest Justice Project video and corresponding online guide include:
· Parents in minor guardianship cases can ask to be represented by an attorney.
· Minors can file a case and ask for a guardian to be appointed on their behalf.
· The new law requires more individuals to be served than under the old non-parental custody laws.
· Temporary orders are replaced by an emergency order process, and emergency orders do not last as long as the former temporary orders. The Washington Courts website provides forms for filing an Emergency Minor Guardianship Petition. The Northwest Justice Project also publishes an Ask for an Emergency Minor Guardianship Order self-help packet with instructions and forms.
Other minor guardianship and non-parental custody publications available at the Washington LawHelp legal self-help site include:
· File a Minor Guardianship Petition
· FAQ: Someone is trying to get guardianship of my kids
· Minor Guardianship of Native American Children
· How to give an Indian tribe notice in a minor guardianship case
· Change a Nonparent Custody Order to Get Your Children Back
Washington State minor guardianship forms can also be found on the Washington Courts website. Individual courts have created informational brochures, including this example from Yakima Superior Court. King and Snohomish counties also created web pages and webinars to discuss the new law. To find out procedures for your area, contact your county Superior Court or check out your local court rules. Minor guardian training information can be found at the Washington Courts Guardianship Portal.
The passage of the UGCOPAA aspires to produce better outcomes for parents and children. The law gives more rights to teenagers, involving them in the guardianship process, and it also protects due process rights of parents. Read more about the ULC approved and recommended draft of the law here.
The Washington law that was adopted in 2019 underwent some revisions in the 2020 legislative session. The UGCOPAA also brings changes to adult guardianship in Washington that will go into effect on January 1, 2022. To read more about those changes, please see our Guardianships in Washington — What are they? What is changing? blog post. (LE)
