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Washington Supreme Court weighs standard for removing children under RCW 13.34.130(6)(a)
Summary
On June 13, 2024 the Washington Supreme Court considered whether subsection (6)(a) of RCW 13.34.130 requires a clear-and-convincing showing and a demonstration of "manifest danger" for out-of-home placement, or whether a preponderance standard suffices; attorneys warned the decision could change how often families are separated and may affect racial disparities.
The Washington Supreme Court heard argument on June 13, 2024, over how courts should read RCW 13.34.130(6)(a) when deciding whether to place a dependent child in out-of-home care. Kristen Vilore, counsel for the Department of Children, Youth, and Families, told the court that the plain text of subsection (6)(a) does not include the phrases “manifest danger” or a requirement of “clear, cogent, and convincing” evidence and that the preponderance standard should apply at disposition unless the legislature provides otherwise.
Vilore said the statute contemplates a multi-step process: a fact-finding hearing that applies the rules of evidence, followed by a disposition hearing and consideration of the department’s social study. “By its plain language, RCW 13.34.130 subsection 6(a) does not require either clear, cogent, and convincing evidence or a manifest danger,” she told the court, adding that subsections…
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