Below are common legal statuses and their definitions. Youth must have an open dependency case with either the Department of Children, Youth, and Families (DCYF); the federal foster care system; or one of the tribal foster care systems to be eligible for Treehouse services.
Adopted: Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition below).
CHINS: Child in Need of Services. If the parent(s)/guardians are having serious issues with their child that they cannot work out while the youth is living in the home, they can file what is called a “CHINS” petition. The child, parent, or the Department of Children, Youth, and Families (DCYF) may file a CHINS petition. Upon the filing of a CHINS petition, the child may be placed out of home, at another suitable residence to be determined by DCYF. Child will be assigned a social worker through DCYF. Legal custody of the child remains with the child’s parent. This legal status does not apply to youth in Federal Foster Care/youth are who Unaccompanied Refugee Minors (see definition below).
Dependent: This term generally refers to a child who has been placed in the legal custody of either the state (such as DCYF) or the county foster care system by the courts, usually due to the abandonment, abuse or neglect of the child by its parents or other caregivers. When a child is dependent, the state in which the dependency is held becomes the legal parent of a child. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition below).
Dependent – Trial Return to Birth Home: A youth who was a dependent of the state/DCYF (out of home care) who has returned to a biological parent’s custody and still has a DCYF social worker. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition below).
Federal/Private Agency Custody: The federal government or a private agency has official custody of a child, not DCYF. This is often in cases of refugee children immigrating to the United States. Typically, participants who have a social worker through Lutheran Community Services Northwest or Catholic Charities are in the Unaccompanied Refugee Minor program (URM), which would fall under this category for legal status.
Foster to 21 (EFC/Extended Foster Care): Washington State passed new laws that continue to support Dependent youth with their education. Previously known as the Foster Care to 21 program, the Extended Foster Care program allows eligible youth to remain in out-of-home care up to age 21 while they pursue their high school or general equivalency diploma (GED), college or other postsecondary educational program. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Guardianship: The legal guardian maintains physical and legal custody with full responsibility for care, custody, and the right to make decisions regarding the child. Guardianship is considered a legal permanent plan for children in foster care in Washington State. A guardianship remains in effect until a child is 18 years old and parental rights do not need to be terminated. Once the guardianship has been established, the dependency case is dismissed the child is no longer in the state’s care. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Legally Free: Since a child can have only one set of legal parents at a time, when the parental rights of a child’s biological parents are legally terminated, either by their death, legal consent, or by a forced termination by the court, then the child becomes legally “free” to be adopted by another set of legal parents. The state (DCYF) will retain legal custody of a legally free child until custody is transferred to another party. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Not Eligible for Extended Foster Care: This means youth are no longer in or have aged out of Extended Foster Care. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Opted out of Extended Foster Care: This means a youth has opted out of Extended Foster Care. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Parental Custody/Reunification: Child is in the care and custody of their legal biological or adoptive parent. Parent is responsible for the care, control, and maintenance of a child which a court may have awarded to one of the parents following a dependency. Children can be returned to the care of their parents, with an in-home dependency, where the state is still the “legal parent” until the dependency is dismissed. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Shelter Care: Youth are in Shelter Care status for the period of time between removal from the home and the Fact-Finding hearing where dependency is established. A Shelter Care hearing must be held within 72 hours of removal of children from their home (except for weekends and holidays; this timeline can be extended via court order). The purpose of a Shelter Care hearing is to determine whether the children can be returned home immediately. The legal standard is “reasonable cause” to keep the child out of the home. A child can remain in out-of-home placement if the shelter care petition is granted. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
Third Party Custody/Non-parental Custody: Also referred to as non-parental custody. Someone who is not the parent of a child can file a petition seeking non-parental custody. In dependency cases, concurrent jurisdiction can be granted for family court, where a third-party custody order can be granted. The court-ordered custodian will then be in legal control of the child’s education, health care and religious training and responsible for ongoing care of the child. This is considered an accepted permanent plan by the State of Washington. Parental rights do not need to be terminated in third party custody agreements. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).
VPA: Voluntary Partnership Agreement. It is a mutually voluntary and written document between the parent and the state (DCYF). The agreement authorizes DCYF to facilitate a placement in a licensed facility for the child who is under eighteen years of age. Under the terms of the agreement, the parent retains legal custody. This legal status does not apply to youth in Federal Foster Care/youth who are Unaccompanied Refugee Minors (see definition above).