Washington Courts: Press Release Detail

Supreme Court Issues Order Regarding Dependency and Termination Matters

Chief Justice Debra Stephens has signed a Supreme Court order regarding dependency and termination matters in Washington courts. The order provides guidance for courts managing these cases during the COVID-19 pandemic, including with regard to visitation between parents and children in foster care. 

The order provides that courts may order in-person visitation in certain circumstances, subject to mandatory health and safety precautions. The order recognizes that while virtual visitation may temporarily serve to preserve connections for many families during the public health emergency, some children and parents cannot participate in virtual visitation. Such situations may include infants and very young children, among other circumstances.

“Judges will continue to have authority to make individualized decisions based on the facts and circumstances uniquely presented in each case," Chief Justice Stephens said. "Especially in times like these, we must ensure that our courts protect the rights of vulnerable children and their parents.” 

This order builds upon Governor Jay Inslee’s March 26, 2020 proclamation concerning foster care visitation, as well as guidance provided by the U.S. Department of Health and Human Services Children’s Bureau. 

The Washington State Office of Public Defense and the Office of Civil Legal Aid requested the Court to adopt a statewide order to ensure consistence throughout the state and protect the rights of parents and children during the present public health emergency. The Court received and reviewed responses to these requests from the Attorney General’s Office, the Department of Children Youth and Families and members of the broader court community.  

Said Chief Stephens, “The dialogue and cooperation that went into this process reflects every participants’ deep commitment to protecting children and families during this public health emergency.”  

The order is in effect through May 5, 2020, subject to further extension by the court.