At-Risk Youth (ARY) and Child in Need of Services (CHINS)

At-Risk Youth (ARY) Petitions
Child in Need of Services (CHINS) Petitions


How to File a Petition for At-Risk Youth (ARY) and Child in Need of Services (CHINS)

After Filing: The Court Process for At-Risk Youth (ARY) and Child in Need of Services (CHINS) 

Assistance from Case Managers
Other Important Addresses and Phone Numbers


At-Risk Youth (ARY) Petitions

    Purpose: To obtain assistance and support from the juvenile court in maintaining the care, custody and control of the child and to assist in the resolution of family conflict, after alternatives to court intervention have been attempted.

    Definition: An at-risk youth is defined by statute as a child under the age of 18 who meets at least one of the following three requirements:

    1. Is absent from home for at least 72 consecutive hours without parental consent; or
    2. Is beyond parental control such that his/her behavior endangers the health, safety, or welfare of the child or any other person; or
    3. Has a substance abuse problem for which there are no pending criminal charges relating to the substance abuse.

    Who May File: Only the parent of the child may file the ARY petition. "Parent" is defined as the person(s) having legal right to custody of the child and includes custodian or guardian.

The ARY proceeding is a voluntary process and a parent may request a dismissal at any time.


Child in Need of Services (CHINS) Petitions

    Purpose: To obtain a court order mandating placement of the child in a residence other than the home of his/her parent because: a serious conflict exists between the parent and child that cannot be resolved by delivery of services to the family during continued placement of the child in the parental home, and reasonable efforts have been made to prevent the need for removal of the child from the parental home.

    Definition: A child in need of services is defined by statute as a child under the age of 18 who meets at least one of the following three requirements:
    1. Is beyond parental control such that the child's behavior endangers the health, safety, or welfare of the child or other person; or
    2. Has been reported to law enforcement as absent without consent for at least 24 consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and
      1. Has exhibited a serious substance abuse problem; or
      2. Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or
    3. Is in need of necessary services, including food, shelter health care, clothing, educational, or services designed to maintain or reunite the family; and
      1. Lacks access to or has declined to utilize these services; and
      2. Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.
    4. Who May File: A child, parent, or DSHS may file a CHINS petition. A "parent" is defined as the person(s) having legal right to custody of the child and includes custodian or guardian.

Upon the filing of a CHINS petition, the child may be placed, if not already placed, by DSHS in a crisis residential center, foster family home, licensed group home facility, or any other suitable residence to be determined by DSHS.


How to File a Petition for At-Risk Youth (ARY) and Child in Need of Services (CHINS)

First: Obtain a Family Assessment

Contact your local Family Reconciliation Services (FRS) office at DSHS and request an appointment for intake and assessment. At the conclusion of this meeting, the intake caseworker will prepare a Family Assessment. Request a copy of the family assessment and attach it to the petition prior to filing. The Court must have a copy of the FRS assessment before proceeding with the hearing. Family Reconciliation Services (FRS) 1-800-609-8764 Days, 8 a.m.-4:30 p.m. 1-800-562-5624 After hours, 4:30 p.m.-8 a.m.

Filing Petitions and Motions at Court

Petitions must be filed in person in the Court Clerk’s Office at Juvenile Court (1211 E. Alder, Seattle) or at the Maleng Regional Justice Center (401 - 4th Ave. N, Kent). The Court must have a copy of the FRS assessment before proceeding with the hearing.

Motions for Continuance, Contempt Motions must first be approved by the court before being filed with the Clerk’s Office. Contact a case manager as listed below in the Contempt section.

Service of Process

After filing a petition, it must be properly served to the opposing party by someone other than the petitioner. This person MUST be someone other than the petitioner, who is age 18 or older. This person must have handed the party a copy of the documents that are coming before the court. After the server delivers the court papers to the opposing party, the server should complete the Declaration of Service form. That form requires the server to make a sworn statement to the court (under oath) that s/he served the party with the necessary court papers. The server should date and sign the Declaration of Service at the bottom and return it to the party requesting his/her services. That form constitutes "proof of service" and must be brought to the hearing.

If the child is on the run and personal service is not possible contact a case manager for further information.

If DSHS is involved in your case, one of the parties should ensure that a copy of the court order is delivered to the appropriate worker. Fax, mail, or other means of notification is acceptable.

Interpreters

If an interpreter is necessary, let the Clerk's office know at the time of filing. At a minimum, provide your name, the child's name, and the language requested.

If the interpreter is for the child, King County Superior Court will pay for all interpreter services. If the interpreter is for the parent, the court will arrange and pay for interpreter services at the first hearing; at subsequent hearings, the court will only pay for interpreter services if the court has made a finding of indigency.

Costs

The parent shall be financially responsible for costs related to the court-ordered plan (counseling, drug/alcohol evaluations/treatment, mental health evaluations, etc.).

Whenever the court approves an out-of-home placement, the court shall inquire into the ability of the parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make support payments. However, a parent who has BOTH opposed the placement and continuously sought reconciliation with, and return of the child shall NOT be financially responsible for out-of-home placement costs.

Attorney Representation

The child is automatically assigned a court-appointed attorney for all hearings. Under a CHINS proceeding, a court-appointed attorney may be provided for the parent if s/he meets the financial requirements as determined by the Office of Public Defense (OPD). It is the responsibility of the parent to undergo financial screening with OPD. There is a $25.00 fee for this screening. Under the ARY petition, a parent is not entitled to a court-appointed attorney, regardless of financial need. A parent always has the right to obtain an attorney at his/her own expense.

For more information about how to file petitions, contact Mona Johnen, 206-205-9732.


After Filing: The Court Process for At-Risk Youth (ARY) and Child in Need of Services (CHINS)

At the time you file a petition with the Court Clerk's Office, you will receive a court date for a fact-finding hearing.

At the Fact Finding hearing, the court will grant the petition if the petitioner alleges the statutory requirements and those allegations are proven by a preponderance of the evidence. After the facts have been decided, the court may impose conditions of supervision on the child. The court may also order the parent to participate in services. This may be done at fact-finding or at a separate dispositional hearing.

No condition of supervision shall include
involuntary commitment for substance abuse or
mental health treatment.

At the conclusion of the disposition, the court will schedule the matter for a review hearing within 90 days. At this hearing, the court reviews the conditions of supervision previously imposed and makes any necessary additions or modifications.

Preparing for Hearings: Suggestions

  • Obtain copies of all relevant written records and make two copies of any document you plan on submitting to the Court.
  • You may bring witnesses to provide testimony at the hearing. Written sworn statements from witnesses who cannot appear personally at the hearing are acceptable. A "sworn" statement must contain the language "I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct" underneath the statement, signed and dated with the city noted.
  • Prepare a short background summary of the situation for the court; be aware that everything you provide to the court must be provided to all parties.

Guidelines for Courtroom Behavior

  • Be on time for your hearing.
  • Upon arrival, sign-in and have a seat in the waiting area.
  • Be familiar with your papers. You may use written notes and may take notes during the hearing.
  • Listen for your case to be called over the loudspeaker. You will be called to report to a designated courtroom.
  • No food, drinks nor gum chewing are permitted in the courtroom. Turn off cell phones and pagers during your hearing.
  • Although these are open hearings, you may ask the court to identify parties in the courtroom that you do not know. You may object to the presence of any individual who is not a party to the action by asking that the court exclude that individual from the courtroom. The court may in its discretion ask that person to leave or allow the person to remain.

When testifying before the Court:

  • Be respectful and courteous with the Court.
  • Always address the Judge/Commissioner as "Your Honor."
  • Do not interrupt.
  • If something needs to be clarified, wait until it is your turn to speak or politely ask to speak again.
  • Do not speak until the Judge/Commissioner asks you to speak.
  • When speaking the Judge/Commissioner, keep your head up and maintain eye contact. Keep your hands away from your mouth and speak loudly.
  • Stick to the facts.
  • Describe incidents clearly and concisely.

What to Do Following Your Court Hearing

  • Do not leave the building before obtaining a copy of the court order signed by the Judge/Commissioner from the Court Coordinator.
  • Read the order carefully to ensure that everything is written as indicated by the Judge/Commissioner.
  • Make a note of the date and time of the next court hearing in your calendar.
  • If the court order includes individual or family counseling, anger management, drug/alcohol evaluation or treatment, psychological/psychiatric evaluation or treatment, you should begin exploring service providers and get a program set up immediately; you may contact DSHS for referrals. You may ask a case manager for assistance.

Contempt of Court

Failure by any party to comply with a court order is contempt of court. Violations of the court order should be reported to the court through the filing of a contempt motion. A contempt motion may be filed by a parent, a child or a person/agency having custody of the child. If the court makes a finding of contempt at a contempt hearing, the court may impose coercive sanctions, such as research papers or community service hours, alternatives to secure detention, such as work crew or electronic home monitoring, confinement for up to seven days in juvenile detention or a fine of up to $100, or any combination of these sanctions. You do not need to wait for a scheduled review hearing to report violations of the court's orders.

An appointment with a case manager is necessary to file a contempt motion. You MUST call ahead and schedule an appointment to meet with a case manager for assistance, or drop in during open office hours (listen to phone messages for times).

Case Managers:

Maleng Regional Justice Center (Kent)

Amy Andree
(amy.andree@kingcounty.gov), (206) 205-2578
(Auburn, Enumclaw, Federal Way, Highline, Kent, Renton, Tahoma, & Tukwila school districts)

Juvenile Courthouse (Seattle)

Adam Myers (adam.myers@kingcounty.gov), (206) 296-1135
(Bellevue, Issaquah, Lake Washington, Mercer Island, Northshore, Riverview, Seattle, Shoreline, Skykomish, Snoqualmie, & Vashon school districts)


Assistance from Case Managers

How can a Case Manager help?

  • Provide direct and clear information about the court process and requirements
  • Provide honest and supportive feedback about what the court can do
  • Return calls within 48 hours, and, usually much sooner
  • Provide information about community resources
  • Make referrals to service providers in your community
  • Troubleshoot problems in other systems or agencies
  • Attend court and explain the outcome
  • Make referrals to services in your community
  • Assist with filing contempt motions

What can't a Case Manager do?

  • Provide legal advice to families
  • Serve youth with petitions or motions
  • Secure a placement for a youth

If you have a comment, complaint or concern about the services provided by a Superior Court Case Manager, please call 206-205-9335 to speak with the Program Manager.


Other Important Addresses & Telephone Numbers

King County Juvenile Court
1211 East Alder
Seattle, WA 98122
(206) 205-9500 (general recorded information)
(206) 205-9590 (main receptionist 8:15 am- 4:30 pm Monday through Friday)
(206) 205-3865 (ARY/CHINS & Truancy recorded information)

Maleng Regional Justice Center
401 4th Ave. N
Kent, WA 98032
(206) 205-2501

Family Reconciliation Services (FRS)
1-800-609-8764 Days, 8 a.m.-4:30 p.m.
1-800-562-5624 After hours, 4:30 p.m.-8 a.m.

Court Clerk’s Office – Juvenile Court
1211 East Alder, 3rd floor, Room 307
Seattle, WA 98122
(206) 296-1139

Court Clerks' Office – Maleng Regional Justice Center
401-4th Ave. N, Room 2C
Kent, WA 98032
(206) 205-8448

Office of Public Defense
Financial Screener
(206) 296-7662

Public Defender Agencies
Society of Counsel Representing Accused Persons - Seattle Office
1401 East Jefferson, #200
Seattle, WA 98122
Phone:  (206) 322-8400
Fax:  (206) 726-3170 

Society of Counsel Representing Accused Persons - Kent Office
400 W. Gowe St. #200
Kent, WA 98032
Phone:  (253) 852-9460

Associated Counsel for the Accused - Seattle Office
110 Prefontaine Place S., Suite 200
Seattle, WA 98104
Phone:  (206) 624-8105
Fax:  (206) 624-9339
TDD:  (206) 749-4054

Associated Counsel for the Accused - Kent Office
420 West Harrison, Suite 201
Kent, WA 98032
Phone:  (253) 520-6509
Fax:  (253) 520-6635
TDD:  (253) 850-6960

The Defender Association
810 Third Avenue, 8th Floor
Seattle, WA 98104
Phone:  (206) 447-3900
Fax:  (206) 447-4588