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                                  RULE 18.13A
    ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS AND ORDERS
                          TERMINATING PARENTAL RIGHTS


  (a)  Generally.  Juvenile dependency disposition orders and orders
terminating parental rights under RCW 13.34 may be reviewed by a commissioner
on the merits by accelerated review as provided in this rule.  Review from
other orders entered in juvenile dependency and termination actions are not
subject to this rule. The provisions of this rule supersede all other
provisions of the Rules of Appellate Procedure to the contrary, and this rule
shall be construed so that appeals from juvenile dependency disposition orders
and orders terminating parental rights under RCW 13.34 shall be heard as
expeditiously as possible.

  (b)  Notice of Appeal - Filing with Appellate Court.  The notice of appeal
must be filed with the trial court in compliance with Title 5 of these rules.
Notwithstanding the other provisions of this rule, a timely notice of appeal
shall be accepted for filing.  A copy of the notice of appeal with proof of
service should be filed with the appellate court by the appellant at the time
it is filed with the trial court.

  (c)  Motion for Order of Indigency.  Parties seeking review at public
expense must file a motion for order of indigency in the trial court.  Any
order of indigency should be filed contemporaneously with the notice of appeal.

  (d)  Consolidation.  When one or more appellants seek review of more than
one dependency dispositional order or order terminating parental rights arising
from cases tried together, each appellant may file a single statement of
arrangements and a single designation of clerk's papers under the lowest trial
court cause number.  The appellate court normally will consolidate the appeals
for purposes of review.

  (e)  Statement of Arrangements.  A statement of arrangements should be filed
contemporaneously with the notice of appeal.  The party seeking review should arrange
for the transcription of an original and one copy of the verbatim report of
proceedings.  If the proceeding being reviewed was recorded electronically,
transcription of the recordings shall be completed by a court-approved
transcriber in accordance with the procedures developed by the Administrative
Office of the Courts.  An indigent party should provide the court reporter,
transcriber, or court administrator a copy of the order of indigency.  A non-
indigent party should arrange for payment for the transcription of the report.

  The party seeking review must file with the trial and appellate courts and
serve the statement of arrangements on all parties of record and all named
court reporters and file proof of service with the appellate court.  The party
must indicate the date that the report of proceedings was ordered, the
financial arrangements which have been made for payment of transcription costs,
the name of each court reporter or other person authorized to prepare the
report of proceedings who will be preparing a transcript, the hearing dates,
and the trial court judge.  If the party seeking review does not intend to
provide a report of proceedings, a statement to that effect should be filed in
lieu of a statement of arrangements and served on all parties of record.


                                 See Form 15B

  (f)  Report of Proceedings.  The preparation and filing of reports of
proceedings in appeals under this rule take precedence over all other appeal
records.  The format of the verbatim report of proceedings is governed by rule
9.2(e) and (f).  The filing and service of the report of proceedings is
governed by rule 9.5, except that any motion for extension of time to file the
report of proceedings must be accompanied by an affidavit
from the court reporter or other person authorized to prepare the report of
proceedings demonstrating exceptional circumstances.  Extensions otherwise will
be denied and sanctions may be imposed.

  (g)  Designation and Filing of Clerk's Papers.  The party seeking review
should file a designation of clerk's papers with the trial and appellate courts
contemporaneously with the notice of appeal.  In appeals under this rule, the
entire trial court file shall be designated as clerk's papers to be transmitted
to the appellate court.  All of the exhibits filed in the trial court shall
also be designated and transmitted to the appellate court.  In cases
appropriate for consolidation under subsection (d) of this rule, a designation
of clerk's papers need only request the preparation of a single trial court
file.  The clerk shall prepare and transmit the clerk's papers as set forth in
rules 9.7 and 9.8, except that a copy of the clerk's papers and the exhibits
shall be provided to appellate counsel.  The clerk should give priority to the
preparation and filing of clerk's papers in appeals under this rule.


                                 See Form 15C

  (h)  Briefing.  Parties shall file briefs in compliance with rules 10.3 and 10.4.

  (i)  Time for Filing Briefs.

  (1)  Brief of Appellant.  The brief of an appellant should be filed with the
appellate court within 30 days after the report of proceedings is filed with
the trial court; or, if the record on review does not include a report of
proceedings, within 30 days after the party
seeking review has received an index of clerk's papers and exhibits.  Appellant
shall append to the brief a copy of the trial court's findings of fact and
conclusions of law.

  (2)  Brief of Respondent.  The brief of a respondent should be filed with
the appellate court within 30 days after service of the brief of appellant.
When there is more than one appellant, the respondent may file one brief in
response to all appellants.

  (3)  Reply Brief.  A reply brief of an appellant should be filed with the
appellate court within 15 days after service of the brief of respondent unless
the court orders otherwise.

  (4)  Other Briefs.  The appellate court may, on its own motion or on motion
of a party, authorize or direct the filing of briefs on the merits other than
those listed in this rule.

  (5)  Briefs in Consolidated Cases.  In consolidated cases, a party may (i)
join with one or more other parties in a single brief, or (ii) file a separate
brief and adopt by reference any part of the brief of another.

  (j)  Supreme Court Review.  A decision by the Court of Appeals on
accelerated review that relates only to juvenile dependency dispositional
orders or orders terminating parental rights is subject to review by the
Supreme Court only by a motion for discretionary review on the terms and in the
manner provided in rules 13.3(e) and 13.5A.

  (k)  Termination Appeals - Notice of Intent to Deliver Consent to Adoption.
When an order terminating parental rights is under review, the department of
social and health services or supervising agency having the right to consent to
an adoption should  serve a written notice of its intent to deliver consent to
adoption.  The notice of intent should specify the intended delivery date, and
should be served on all parties to the appeal and on anyone appointed to
represent the interests of the child, no fewer than 30 days before the intended
delivery date.  A copy of the notice of intent and a proof of service should be
filed in the appellate court.

  After service of the notice of intent, any party may move the court in which
the appeal is pending to stay the order terminating parental rights, but only
to the extent it authorized consent to adoption.  The department or supervising
agency should not deliver its consent to adoption if any party seeks a stay
before the intended delivery date, pending a ruling on the motion to stay. The
appellate court will hear the motion to stay on an expedited basis.  Any stay
of enforcement shall terminate upon issuance of the mandate as provided in Rule
12.5, unless otherwise directed by the appellate court.


[Adopted October 2, 2008; amended effective April 3, 2012]
	

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