WSR 12-07-013

RULES OF COURT

STATE SUPREME COURT


[ March 8, 2012 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RAP 18.13A-ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS; NEW RAP FORM 15D-NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION )

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ORDER

NO. 25700-A-996


The Washington State Bar Association having recommended the adoption of the proposed amendments to RAP 18.13A-Accelerated Review of Juvenile Dependency Disposition Orders and Orders Terminating Parental Rights and New RAP Form 15D-Notice of Intent to Deliver Consent to Adoption, and the Court having considered the amendments and new RAP Form 15D and comments submitted thereto, and having determined that the proposed amendments to RAP 18.13A and new RAP Form 15D will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments to RAP 18.13A and new RAP Form 15D as shown below are adopted.

(b) That the amendments to RAP 18.13A and new RAP Form 15D will be published in the Washington Reports and will become effective upon publication.

DATED at Olympia, Washington this 8th day of March, 2012.
Madsen, C.J.


C. Johnson, J.


J. M. Johnson, J.


S. Owens, J.


Stephens, J.



Wiggens, J.


Fairhurst, J.


S. Gonzalez, J.



SUGGESTED AMENDMENT

RULES OF APPELLATE PROCEDURE (RAP)


RAP 18.13A -- ACCELERATED REVIEW OF JUVENILE DEPENDENCY DISPOSITION ORDERS AND ORDERS TERMINATING PARENTAL RIGHTS



(a) Generally. Juvenile dependency disposition orders and orders terminating parental rights under RCW 13.34 may be reviewed by a commissioner on the merits by accelerated review as provided in this rule. Review from other orders entered in juvenile dependency and termination actions are not subject to this rule. The provisions of this rule supersede all other provisions of the Rules of Appellate Procedure to the contrary, and this rule shall be construed so that appeals from juvenile dependency disposition orders and orders terminating parental rights under RCW 13.34 shall be heard as expeditiously as possible.

[(b) - (j) unchanged]

(k) Termination Appeals-Notice of Intent to Deliver Consent to Adoption. When an order terminating parental rights is under review, the department of social and health services or supervising agency having the right to consent to an adoption should serve a written notice of its intent to deliver consent to adoption. The notice of intent should specify the intended delivery date, and should be served on all parties to the appeal and on anyone appointed to represent the interests of the child, no fewer than 30 days before the intended delivery date. A copy of the notice of intent and a proof of service should be filed in the appellate court.

After service of the notice of intent, any party may move the court in which the appeal is pending to stay the order terminating parental rights, but only to the extent it authorized consent to adoption. The department or supervising agency should not deliver its consent to adoption if any party seeks a stay before the intended delivery date, pending a ruling on the motion to stay. The appellate court will hear the motion to stay on an expedited basis. Any stay of enforcement shall terminate upon issuance of the mandate as provided in Rule 12.5, unless otherwise directed by the appellate court.


See Form 15D.

FORM 15D. NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION
NO. ____________
(SUPREME COURT or COURT OF APPEALS, DIVISION )

OF THE STATE OF WASHINGTON

IN RE DEPENDENCY OF:

A.B.C.,


A Minor Child.

NOTICE OF INTENT TO DELIVER CONSENT TO ADOPTION

TO: (Names of persons entitled to notice and their attorneys. See RAP 18.13A(k)).

Respondent, (Department of Social and Health Services, name of supervising agency), hereby gives notice that it intends to deliver a consent to the adoption of the above named child to prospective adoptive parents on the ___ day of _____, 20__. See RAP 18.13 (A)(k).

Dated this ___ day of _____, 20__.

_________________

Signature

(Name of attorney)

Washington State Bar Association

membership number

Attorney for Respondent

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.

Washington State Code Reviser's Office