How do we substitute a guardian in a Foster Care Guardianship case?
Any party to a guardianship proceeding may file a Petition for Termination of Title 13 RCW Guardianship. The petitioning party may ask the court to terminate the guardianship and:
- Return the child to the parent(s).
- Grant a substitute guardian legal and physical custody of the child.
- Direct the child be temporarily placed in the custody of DSHS / supervising agency for placement and to file a dependency petition.
The resulting Order on Petition for Termination of Title 13 RCW Guardianship has two possible outcomes if the court grants the order and terminates guardianship:
1. | The court terminates the guardianship and the case is closed. The court either grants legal and physical custody of the care to a parent, or temporarily places the child in the custody of DSHS / supervising agency, who is also directed to file a dependency petition on behalf of the child. |
2. | The court terminates the Title 13 RCW Guardianship and then grants legal and physical custody of the child to a substitute guardian. To continue the guardianship and appoint the substitute guardian, the court signs a new Order on Petition for Order Appointing Title 13 RCW Guardian, which is filed in the same cause number. |
The initial guardian is a participant on the case and was added to the case in JIS. As such, the SCOMIS command CHANGE CONNECTION cannot be used to remove one guardian and substitute another. Add the substitute guardian to the case prior to deleting the terminated guardian to preserve the sequence order of the case guardians.
Add the substitute guardian in JIS:
JIS command: CIV + case number.
Press <F2> to add a JIS participant.
Use GDN 99 for the participant code and sequence number.
Enter the substitute guardian's name; complete the steps to add this participant using the JIS Person Business Rules.
Update the relationship of the substitute guardian by completing the relationship grid.
Delete the terminated guardian from the case in JIS:
JIS command: CIV + case number.
Locate the participant record for the terminated guardian by pressing <F7> or <F8>.
Type: D (Delete) in the field to the left of the guardian's participant record.
Press <ENTER>.
Update the SCOMIS case to reflect the history of the case participants:
SCOMIS command: CHANGE NAMES + case number.
NOTE: The deleted guardian no longer appears in the list of names.
On a new line below the listed participants, type the Connection Code of WDN + a sequence number then tab to the Name field and add the name of the terminated guardian.
Press <ENTER>.
These instructions are also available in a printable PDF version below. (See Civil Case Filing Update (CIV) Screen for additional information.)
Additional eService Answers that may be helpful:
Answer ID: Petition for Order Appointing Title 13 RCW Guardianship.
Answer ID: Resolve and complete a Foster Care Guardianship case.
Answer ID: Guardianships for children in foster care - 2010 Legislation.
Answer ID : 2010 Legislative changes impacting Superior Courts and Juvenile Departments.
RN id: 2173