Public
October 5, 2011
Page 1 of 68
October 5, 2011
TO:Judges, Commissioners, County Clerks, Court Administrators, Libraries, and Public
FROM:Merrie Gough, Senior Legal Analyst
SUBJECT:2011SUMMARY OF CHANGES TO DOMESTIC RELATIONS FORMS
The Pattern Forms Committee (committee) updated the mandatory Domestic Relations pattern forms to implement 2011 Session Laws that became effective on July 22, 2011, and to incorporate approved changes recommended by the legal community. The Session Laws include Laws of 2011, ch. 21, relating to elimination ofthe child support order summary report, andLaws of 2011, ch. 283, relating to the Uniform Parentage Act.
Following are detailed descriptions of the changes:
A. / Child Support/Worksheets1. / WSCSS - Schedule / WSCSS – Schedule
To implement Laws of 2011, ch. 21, §1, in the WSCSS Schedule, on page 5, below the title “Washington State Child Support Schedule – Instructions for Worksheets,” delete the following section:
“Child Support Order Summary Report:
Fill out the Child Support Order Summary Report only if you are also submitting a temporary or a final child support order to be signed by a judicial or reviewing officer.”
2. / WSCSS - Worksheets / WSCSS – Worksheets
To implement Laws of 2011, ch. 21, §1, delete the heading “Child Support Order Summary Report,” through the heading “Worksheets” on the top of page 2.
3. / WSCSS – Worksheets RDP / WSCSS –Worksheets - RDP
To implement Laws of 2011, ch. 21, §1, delete the heading “Child Support Order Summary Report,” through the heading “Worksheets” on the top of page 2.
B. / Modification/Adjustment of Parenting Plan/Residential Schedule/Custody Decree
1. / WPF DRPSCU 07.0100 / Petition for Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
In the footer, insert a citation to “RCW 26.26.130(7)(b).”
In paragraph 2.1 change the existing paragraph as follows:
“This is a petition for an order modifying the prior custody decree/parenting plan/residential schedule/judgment establishing parentagein this matter and approving themy proposed parenting plan/residential schedule, which is filed with this petition.”
Below the existing paragraph, insert the new check box option:
“[ ]The court entered a judgment and order establishing parentage on (date) ______at (county and state)______under cause number ______and did not enter a Parenting Plan or Residential Schedule at the same time. I attached a copy of the order establishing parentage if it was filed in another county or state.”
2. / WPF DRPSCU 07.0400 / Order re Modification/Adjustment of Custody Decree/Parenting Plan/Residential Schedule
In section “I. Basis,” in the phrase beginning with “A petition,” after “residential schedule,” and before the semi colon, insert “/judgment establishing parentage.”
C. / Court Files – Confidential Information forms
1. / WPF DRPSCU 09.0200 / Confidential Information Form
On page 2, below “Petitioner’s Information” and “Respondent’s Information,” insert a new row between the rows for “Residential Address” and “Telephone No.:.” Insert “E-mail address:” in the new row.
2. / WPF DRPSCU 09.0210 / Addendum to Confidential Information Form
Below “Additional Petitioner’s Information” and “Additional Respondent’s Information,” insert a new row between the rows for “Residential Address” and “Telephone No.:.” Insert “E-mail address:” in the new row.
D. / Chapter 26.10 RCW (Nonparental Custody)
1. / WPF CU 01.0100 / Nonparental Custody Petition
In paragraph 1.5, delete these two paragraphs:
“[ ] One or more of the above named children is or may be an Indian child as defined by the Indian Child Welfare Act, 25 USC § 1903, and notice of this action must be given in accordance with 15 U.S.C. § 1912 (a).”
“[ ] None of the children are Indian children as defined by 25 U.S.C. 1903.”
And replace them with these four paragraphs:
“[ ]The petitioner has made the following efforts and cannot determine whether one or more of the above-named children is an Indian child as defined Laws of 2011, ch. 309, §4:”
“[ ]Based upon the following, none of the children are Indian children as defined in Laws of 2011, ch. 309, §4, and the federal and Washington State Indian Child Welfare Acts do not apply to these proceedings:”
“[ ]Based upon the following, one or more of the children is an Indian child as defined in Laws of 2011, ch. 309, §4 and the federal and Washington State Indian Child Welfare Acts apply to these proceedings:”
“[ ]The petitioner has made the following preliminary efforts to provide notice of these proceedings to all tribes to which the petitioner knows or has reason to know one or more of the children may be a member or eligible for membership:”
Change the two paragraphs under “Jurisdiction” as follows:
“[ ]The children are Indian children as defined byin Laws of 2011, ch. 309, §4the Indian Child Welfare Act, 25 USC§1903, but are not domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court has continuing jurisdiction over the children; this court has jurisdiction under 25 USC §1911.
[ ]The children are Indian children as definedby in Laws of 2011, ch. 309, §4, the Indian Child Welfare Act, 25 USC§1903 and are domiciled or residing within the boundaries of an Indian reservation; or a Tribal Court has continuing jurisdiction over the childrenand
[ ] the children’s tribe has consented to Washington State’s concurrent jurisdiction.
[ ] the tribe has expressly declined to exercise its exclusive jurisdiction.
[ ] Washington State is exercising emergency jurisdiction in strict compliance with Laws of 2011, ch. 309, §14, to prevent imminent physical damage or harm to the child.
2. / WPF CU 01.0250 / Indian Child Welfare Act Notice 25 U.S.C. § 1912(a)(Federal and Washington State)
In the right side of the caption, change the form title as indicted above.
In the caption delete“Clerk’s action required:” and replace it with “Access is Restricted Per GR 22(c)(3) and 25 C.F.R. § 23.11(e)(7)”
In the first paragraph after “Indian Child Welfare Act, 25 U.S.C. § 1912” add “and Laws of 2011, ch. 309, §7.”
In paragraph 5, after the information about the scheduled hearing, change the fifth paragraph as follows:
“The child’s Tribe(s), the parents, or the Indian custodians, or the child (if age 12 or older) have the right to petition the court to transfer this proceeding to the courts of the child’s Tribe(s). Such petition shall be in writing and presented to filed with the court clerk or orally to the court at the scheduled hearing. The petition shall be granted in the absence of good cause to the contrary or the objection of either parent.”
In the footer, after “25 C.F.R. § 23.11(e)(7)” add “25 U.S.C. § 1912(a), Laws of 2011, ch. 309, § 7.”
3. / WPF CU 02.0100 / Findings of Fact and Conclusions of Law (Nonparental Custody)
In paragraph 2.3, change the first subheading as follows:
“Child’s Indianchild status:
Below that heading, delete the following check box options:
“[ ] The child(ren) are Indian child(ren) as defined by 25 U.S.C. § 1903. The Indian Child Welfare Act does apply to these proceedings; all notice and evidentiary requirements under the Indian Child Welfare Act have been satisfied, as follows:
[ ] The child(ren) are not Indian children as defined by 25 U.S.C. § 1903 and The Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., does not apply to these proceedings.
Replace those check box options with the following:
The petitioner [ ] has [ ] has not made a good faith effort to determine whether the child(ren) are an Indian Child(ren).
[ ]Based upon the following, the child(ren) are not Indian child(ren) as defined in Laws of 2011, ch. 309, §4, and the federal and Washington State Indian Child Welfare Acts do not apply to these proceedings:
[ ]Based upon the following, the child(en) are Indian child(ren) as defined in Laws of 2011, ch. 309, §4 and the federal and Washington State Indian Child Welfare Acts apply to these proceedings:
[ ]The petitioner [ ] has [ ] has not provided notice of these proceedings as required by Laws of 2011, ch. 309, §7 and the Indian Child Welfare Act to all tribes to which the petitioner or court knows or has reason to know the child may be a member or eligible for membership.”
Below the subheading “Jurisdiction, ” change the check box options as follows:
[ ]The child(ren) are Indian children as definedbyin Laws of 2011, ch. 309, §4the Indian Child Welfare Act, 25 USC§1903 but are not domiciled or residing within the boundaries of an Indian reservation; and no Tribal Court has continuing jurisdiction over the child(ren); this court has jurisdiction under 25 USC § 1911.
[ ]The child(ren)are Indian children as definedbyin Laws of 2011, ch. 309, §4the Indian Child Welfare Act, 25 USC§1903 and are domiciled or residing within the boundaries of an Indian reservation, and:; or a Tribal Court has continuing jurisdiction over the child(ren).
[ ] the children’s tribe has consented to Washington State’s concurrent jurisdiction.
[ ] the tribe has expressly declined to exercise its exclusive jurisdiction.”
4. / WPF CU 05.0100 / Motion for Order Transferring Jurisdiction to Tribal Court (MTAFTC)
This is a new form.
5. / WPF CU 05.0150 / Order re Transferring Jurisdiction to Tribal Court (ORGTC, ORDYMT)
This is a new form.
6. / WPF CU 05.0170 / Cover Sheet for Order Transferring Jurisdiction to Tribal Court (TSCCYO)
This is a new form.
7. / WPF CU 05.0200 / Tribal Court’s Order Accepting/Declining Jurisdiction
This is a new form.
E. / Chapter 26.26 RCW (Parentage)
1. / WPF PS 01.0100 / Petition to Establish Parentage
In the left side of the caption under “In re Parentage:” delete the period “.” after the second “Respondent” and.starting on the next line.insert:
“and
Child(ren) over the age of 2.”
Immediately below the caption and above the sentence that begins with “Use this petition,” insert:
“Use a separate petition for each child unless the parents or possible parents in paragraph 1.2 are the same for every child in this petition.”
Change the second sentence as follows:
“Use this petition when there is no adjudicated fatherparent or Paternity Acknowledgment of Paternityfiled with the Washington State Registrar of Vital Statistics; otherwise use form WPF PS 16.0100.”
In paragraph 1.2, Parties to the Action, delete the existing text and replace it with:
“A. Petitioner, (name) ______,I am the (select one):
[ ] alleged parent[ ] birth mother
[ ] adoptive parent [ ] presumed parent
[ ] parent by assisted[ ] parent by surrogacy contract
reproduction
B. Respondent is (name)______who is:
[ ] alleged parent[ ] birth mother
[ ] adoptive parent[ ] presumed parent
[ ] parent by assisted [ ] parent by surrogacy contract
reproduction
Respondent is (name) ______who is:
[ ] alleged parent[ ] birth mother
[ ] adoptive parent[ ] presumed parent
[ ] parent by assisted [ ] parent by surrogacy contract
reproduction
C. Children:
[ ]The following child(ren) are parties to this case because the child(ren) have a presumed parent and the child(ren) were born more than two years ago.
(Name of child) ______
(Name of child)______
Petitioner requests the court to appoint a Guardian ad Litem for the child(ren) who are parties.”
In paragraph 1.3 change the paragraph heading as follows: “Presumed FatherParent.”
Delete the existing text and replace it with:
“[ ] Does not apply.There is no presumed parent.
[ ](Name) ______
[ ] is a presumed parent because:
[ ]The child was born during the marriage or registered domestic partnership or within 300 days after the end of a marriage or registered domestic partnership.
[ ]Before the child was born, this person and (name) ______were in a marriage or registered domestic partnership believing it was valid, even though it was or could have been declared invalid by a court. The child was born during this marriage or registered domestic partnership or within three hundred days after it ended.
[ ]After the child was born, this person and (name) ______were in a marriage or in a registered domestic partnership believing it was valid even though it was or could have been declared invalid by a court and this person voluntarily claimed to be a parent and:
[ ] filed the claim with the state registrar of vital statistics; or
[ ] agreed to be and is named as the child's parent on the child's birth certificate; or
[ ] promised in a record to support the child as his or her own.
[ ]This person lived in the same household with the child and openly held out the child as his or her own for the first two years of the child’s life.
[ ]This person neither cohabited nor engaged in sexual intercourse with (name) ______during the probable time of conception, nor held out the child as his or her own.
[ ](Name) ______
[ ] is presumed parent because:
[ ]The child was born during the marriage or registered domestic partnership or within 300 days after the end of a marriage or registered domestic partnership.
[ ]Before the child was born, this person and (name) ______were in a marriage or registered domestic partnership believing it was valid, even though it was or could have been declared invalid by a court. The child was born during this marriage or registered domestic partnership or within three hundred days after it ended.
[ ]After the child was born, this person and (name) ______were in a marriage or in a registered domestic partnership believing it was valid even though it was or could have been declared invalid by a court and this person voluntarily claimed to be a parent and:
[ ] filed the claim with the state registrar of vital statistics; or
[ ] agreed to be and is named as the child's parent on the child's birth certificate; or
[ ] promised in a record to support the child as his or her own.
[ ]This person lived in the same household with the child and openly held out the child as his or her own for the first two years of the child’s life.
[ ]This person neither cohabited nor engaged in sexual intercourse with (name) ______during the probable time of conception, nor held out the child as his or her own.”
[ ]Other:
In paragraph 1.4, Jurisdiction, delete the first check box option beginning with “The mother and …”
Change the next check box option as follows:
“[ ] Jurisdiction over the motherrespondent(name)______(check all that apply):
[ ]This person currently resides in Washington State.
[ ]This person engaged in sexual intercourse in the state of Washington as a result of which the child may have been conceived.
[ ]The mother This person was personally served with summons and petition within this state.
[ ]The mother This person submits to jurisdiction of this state by consent as evidenced by joinder or consent to jurisdiction signed by respondent.
[ ]The mother This person resided with the child in this state.
[ ]The mother This person resided in this state and provided prenatal expenses or support for the child.
[ ]The child resides in this state as a result of the acts or directives of this personthe mother .
[ ]Other:”
insert the following new check box options:
“[ ]Jurisdiction over respondent (name) ______(check all that apply):
[ ]This person currently resides in Washington State.
[ ]This person engaged in sexual intercourse in the state of Washington as a result of which the child may have been conceived
[ ]This person was personally served with summons and petition within this state.
[ ]This person submits to jurisdiction of this state by consent as evidenced by joinder or consent to jurisdiction signed by respondent.
[ ]This person resided with the child in this state.
[ ]This person resided in this state and provided prenatal expenses or support for the child.
[ ]The child resides in this state as a result of the acts or directives of this person.
[ ]Other:
Insert the following new check box option:
[ ](Name) ______is not named as a party because he or she is not subject to the jurisdiction of the court.”
Delete the following paragraphs:
“[ ] Jurisdiction over the alleged father or presumed father (check all that apply);
[ ] (Name) ______was personally served with summons and petition within this state.
[ ] (Name) ______submits to jurisdiction of this state by consent as evidenced by joinder or consent to jurisdiction signed by the alleged father or presumed father.
[ ] (Name) ______resided with the child in this state.
[ ] (Name) ______resided in this state and provided prenatal expenses or support for the child.
[ ] The child resides in this state as a result of the acts or directives of (name of alleged father or presumed father) ______.
[ ] Other:
[ ] The following parties are currently residing in the state of Washington:
[ ] mother ______.
[ ] alleged father ______.
[ ] presumed father ______.
[ ] other ______.”
In section “II. Relief Requested,” in the first check box option, delete “father” and insert “parent” and add “(ren)” to the end of “child”.
Insert the following as the second check box option:
“[ ] (Name) ______be declared not to be the parent of (name of child(ren)) ______.”
Change the third check box optionas follows:
“[ ]The birth certificate of the child(ren)______be amended to identify listthe father (name) ______and (name) ______as the parents.”
Change the fifth check box option as follows:
“The father (Name(s)) ______pay past support, medical, and other expenses incurred on behalf of the child.”
2. / WPF PS 01.0150 / Declaration of Mother
Declaration of a Party to the Action to Establish Parentage
Delete the prior form WPFPS 01.0150“Declaration of Mother,” and replace it with the new form WPF PS 01.0150, “Declaration of a Party to the Action to Establish Parentage. The new form also takes the place of form WPF PS 01.0155, “Declaration of Father.”
3. / WPF PS 01.0155 / Declaration of Father (Parentage)
This form is superseded. Please delete this form.
4. / WPF PS 01.0300 / Response to Petition to Establish Parentage
In the left side of the caption under “In re Parentage:” delete the period “.” after the second “Respondent” and,starting on the next line insert:
“and
Child(ren) over the age of 2.”
In the first paragraph under “Paragraph of the Petition” after 1.1 add “Cause of Action” and place “[ ] Admitted [ ] Denied
[ ] Lacks Information” on the next line.
After 1.2 add “Parties to the Actions” and place “[ ] Admitted
[ ] Denied [ ] Lacks Information” on the next line.
After 1.3 add “Presumed Parent” and place “[ ] Admitted
[ ] Denied [ ] Lacks Information” on the next line.
After 1.4 add “Jurisdiction” and place “[ ] Admitted [ ] Denied [ ] Lacks Information” on the next line.
After 1.5 add “Jurisdiction Over the Child” and place
“[ ] Admitted [ ] Denied [ ] Lacks Information” on the next line.
After 1.6 add “Child Support and Residential Placement” and place “[ ] Admitted [ ] Denied [ ] Lacks Information” on the next line.
After 1.7 add “Current Residence of the Child” and place
“[ ] Admitted [ ] Denied [ ] Lacks Information” on the next line.
After 1.8 add “Reimbursement” and place “[ ] Admitted
[ ] Denied [ ] Lacks Information” on the next line.
After 1.9 add “Continuing Restraining Order” and place
“[ ] Admitted [ ] Denied [ ] Lacks Information” on the next line.
After 1.10 add “Protection Order” and place “[ ] Admitted
[ ] Denied [ ] Lacks Information” on the next line.