WSR 07-15-036

RULES OF COURT

STATE SUPREME COURT


[ July 11, 2007 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RPC 1.15A(e) AND NEW JuCR 11.3 )

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 ORDER

NO. 25700-A-876
     The Washington State Bar Association and the Superior Court Judges' Association Family and Juvenile Law Committee having recommended the adoption of the proposed amendments to RPC 1.15A(e) and New JuCR 11.3, respectively, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That the amendments will be published in the Washington Reports and will become effective September 1, 2007.

     DATED at Olympia, Washington this 11th day of July, 2007.
     Alexander, C. J.
     C. Johnson, J.

      Chambers, J.
     Madsen, J.

      Owens, J.
     Sanders, J.

      Fairhurst, J.
     Bridge, J.

      J. M. Johnson, J.


RULES OF PROFESSIONAL CONDUCT (RPC)

RULE 1.15A: SAFEGUARDING PROPERTY



     (a) - (d) [Unchanged.]

     (e) A lawyer must promptly provide a written accounting to a client or third person after distribution of property or upon request. A lawyer must provide at least annually a written accounting to a client or third person for whom the lawyer is holding property funds.

     (f) - (j) [Unchanged.]

Washington Comments

     [Unchanged.]



New JuCR 11.3

Notice to Foster Parents, Preadoptive Parents, Nonrelative Caregivers or Relative Caregivers



     (a) Applicability. This rule applies to all proceedings under Chapter 13.34 RCW to be held with respect to a child in foster care under the responsibility of the Washington State Department of Social and Health Services Children's Administration ("the Department"). The Department is responsible for giving notice of such proceedings to the foster parents, preadoptive parents, nonrelative caregivers or relative caregivers who are providing care to the child at the time of the proceeding.

     (b) Content of the Notice. The notice shall specify the time, place, and purpose of the proceeding, and shall inform the foster parents, preadoptive parents, nonrelative caregivers or relative caregivers of their right to be heard in such proceedings.

     (c) Method of Giving Notice. Notice may be given by any means reasonably certain of notifying the foster parents, preadoptive parents, nonrelative caregivers or relative caregivers, including but not limited to, notice in open court, mail, personal service, telephone, telegraph and email.

     (d) Time of Notice. Notice shall be provided at least five court days before such proceedings; in cases where the foster child is placed with the foster parents, preadoptive parents, nonrelative caregivers or relative caregiver less than five court days before the proceeding, the Department shall provide notice as soon as practicable before the proceeding.

     (e) Verification of Notice. The Department shall provide the Court with written verification of to whom, where, when, and how notice of the proceeding was provided to the foster parents, preadoptive parents, nonrelative caregivers or relative caregivers.

     (f) Party Status Not Conferred. This rule does not confer party status upon any foster parent, preadoptive parent, nonrelative caregivers or relative caregiver solely on the basis of such notice and right to be heard at a proceeding.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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