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Minor Guardianships
Guardianship is where a court appoints someone to make decisions and act for someone else. A court can appoint a guardian for a minor, a child under 18 years old. The guardian has the right to do things that a parent would generally do (RCW 11.130).
The court can appoint a guardian for the best interests of the child if 1 of the following is true
- Each parent of the minor agrees after being informed about what a guardianship is
- All parental rights are terminated
- There is clear and convincing evidence that no parent of the minor is willing or able to exercise parenting functions as defined in RCW 26.09.004
Types of Minor Guardianship cases
There are several types of guardianship cases.
Minor Guardianship
File this case when you need rights to care for a child for a long period of time. This type of guardianship can potentially last until the child is no longer a minor. The person petitioning for minor guardianship can be any person in the minor child’s life, including the minors themselves, and the person petitioning does not have to nominate themselves to be the minor guardian. Usually, it takes at least 60 days to finalize a minor guardianship, so if you need an order before that, you will also need to file a Motion for Immediate Minor Guardianship with your Petition.
Emergency Minor Guardianship
File this case when you need an order giving you rights to care for a child for a short period of time. An Emergency Minor Guardian may be appointed if the court finds that the appointment is likely to a) prevent substantial harm to the minor's health, safety, or welfare; and b) No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare.
The hearing on an Emergency Minor Guardianship is set before a judge approximately 14 days after filing the Petition. The duration of an Emergency Minor Guardianship only lasts for 60 days. It can be extended one time for an additional 60 days (total 120 days) if the conditions that led to the appointment continue.
Since emergency minor guardianship is temporary and based on an immediate substantial harm to a child, the court can grant emergency minor guardianship without notice to any interested party. However, notice must be given to all interested parties within 48 hours of appointment of the emergency minor guardianship, and a hearing must be held within 5 business days of appointment.
**If you need a long-term order, you will need to file a Petition for Minor Guardianship instead of a Petition for Emergency Minor Guardianship.**
Immediate Minor Guardianship
File this case when you need an order giving you rights to care for a child right away. Similar to an Emergency Minor Guardianship, the court will appoint an immediate minor guardian if the appointment is likely to prevent substantial harm to the minor’s health, safety or welfare, AND no other person appears to have authority and willingness to act in the circumstances.
Immediate Minor Guardianships are requested by filing a Motion for Immediate Minor Guardianship in addition to the Petition for Minor Guardianship or Petition for Emergency Minor Guardianship.
How to file for a Minor Guardianship case
Minor guardianships may take up to 60 days to go through. Please also file a Motion for Immediate Minor Guardianship as well in these cases.
Minor Guardianship flowchart (225KB)
If you need an immediate order entered without notice to other parties before the time that the 60-day hearing is set, you may schedule a hearing for an Immediate Emergency Minor Guardianship Order by contacting MinorGDN_Immediate_Hearing@kingcounty.gov to request a hearing. Use forms GDN 204 and GDN 205 on the Washington Courts forms website to file your motion into the Court file started by your Petition.
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Download and fill out forms
To start a Minor Guardianship case, you will need to file forms with the clerk’s office. A child or an interested party may file the petition.
Overview of the Minor Guardianship process (206KB)
The forms you will need to start the case from the Washington Courts website are
- Minor Guardianship Petition (GDN M 102)
- Notice of Hearing (GDN M 001)
- Summons (form GDN M 001)
- Declaration Explaining Reasons for Minor Guardianship (form GDN M 103)
- Criminal History Cover Sheet (form GDN M 407)
- Motion for DCYF Order and Order to DCYF to Release CPS Information GDN M 404 and GDN M 405
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Get copies of criminal backgrounds
You must request criminal history and CPS background information for the proposed guardian(s) and any residents of the guardian(s)’ household.
Get a copy of your criminal history report online, by mail, or in person from the Washington State Patrol. Put the Criminal History Cover Sheet (form GDN M 407) on top of the criminal history report.
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Submit the Motion and Order to Release CPS Information
The Washington State Department of Children, Youth & Families has the CPS information. Download and fill out Motion for DCYF Order (GND M 404) and Order to DCYF to Release CPS Information (GDN M 405) from the Washington Courts website.
The order must be signed by a judicial officer. Submit the motion to the court using the Court’s Ex Parte Via the Clerk process.
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Serve the other people in the case
You must take steps to serve the petition and related documents on all of the parties who must be served, and you must send the notice of the 60-day hearing you have prepared to everyone who is entitled to notice. Proof of service and proof of sending the notice of hearing (134KB) must be filed with the Court before the 60-day hearing.
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Prepare for the 60-day hearing
Before the 60-day Hearing you must complete and file the Court’s 60-day Hearing Checklist (292KB). If you have not completed items on the checklist by your hearing date, the Court likely will set another hearing where you will be required to show that the missing items have been completed.
Before a 60-day hearing, you must determine
- Does a court visitor need to be appointed?
- Does an attorney need to be appointed for the minor or a parent?
- Does a guardian ad litem (GAL) need to be appointed?
Any of these steps must be taken before the 60-day Hearing. Motions regarding these steps may be presented via the Ex Parte Via the Clerk process.
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Attend the 60-Day Hearing
All final minor guardianship orders (even if agreed) must be presented via a scheduled hearing.
At the 60-day hearing the Commissioner will determine whether the case is ready to move forward, including whether
- All of the necessary parties have been served/whether all necessary parties have notice of the hearing
- The criminal history and CPS background checks have occurred and are acceptable
- A visitor, GAL, or attorney for any party needs to be appointed and if those steps have been taken
The Commissioner may also decide whether the guardianship can be completed by default, by agreement, or if the case needs to be set for a contested trial. The Commissioner will either refer the matter to a trial judge to set a trial, or set additional Ex Parte hearings to finish the case.
How to file for an Emergency Minor Guardianship case
File this case when you need an order giving you rights to care for a child right away. Emergency Minor Guardianships usually only last for 60 days, so if you need a long-term order, you will also need to file for Minor Guardianship.
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Fill out the forms
Use an Emergency Minor Guardianship Petition from the Washington Courts forms website if you need an order sooner than 60 days. The hearing on an Emergency Minor Guardianship is set before a judge on the first Friday at least 14 days after filing.
If you need an immediate order entered without notice to other parties before the time that the 14-day hearing is set, you may schedule a hearing for an Immediate Emergency Minor Guardianship Order by contacting MinorGDN_Immediate_Hearing@kingcounty.gov to request a hearing. Use forms GDN 204 and GDN 205 on the Washington Courts forms website to file your motion into the Court file started by your Petition.
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Get copies of criminal backgrounds
You must request criminal history and CPS background information for the proposed guardian(s) and any residents of the guardian(s)’ household.
Get a copy of your criminal history report online, by mail, or in person from the Washington State Patrol. Put the Criminal History Cover Sheet (form GDN M 407) on top of the criminal history report.
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Submit the Motion and Order to Release CPS Information
The Washington State Department of Children, Youth & Families has the CPS information. Download and fill out Motion for DCYF Order (GND M 404) and Order to DCYF to Release CPS Information (GDN M 405) from the Washington Courts website.
The order must be signed by a judicial officer. Submit the motion to the court using the Court’s Ex Parte Via the Clerk process.
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Setting the hearing
The Emergency Minor Guardianship Case Schedule will set your hearing date for you. If you need to schedule a Motion before your assigned judge before this date (except for a Motion for Immediate Minor Guardianship), please contact the bailiff for your assigned judge (also found on the Case Schedule).
, the process is led by the moving party. They pick the hearing date, file a notice of hearing (and any other required forms) and give the other party at least 2 days notice of their intent. This notice is required in all cases unless they can clearly show by sworn declaration that immediate injury, loss, or damage will result if notice is given.
If you need a same day emergency motion
Parties with emergencies may reserve a hearing the same day if space is available. You must file the required forms and email MinorGDN_Immediate_Hearing@kingcounty.gov as well as opposing party/counsel unless there is threat of imminent harm, or it is impracticable to do so. Attach your filed motion materials, and any proposed orders to the email. The subject line of the email must include, in this order, "IMMEDIATE HEARING requested", the date, and the case number.
If the Judge grants the immediate order, they will also set the matter for a review hearing.
Petitioners seeking appointment of an emergency guardian with notice to other parties will have their hearing on the assigned judge at least 14 days after filing.