LOCAL COURT INSTRUCTIONS
- CLERK: The Superior Court Clerk will provide a copy of LOCAL COURT INSTRUCTIONS to Petitioner(s) upon the filing of a Minor Guardianship Petition and Notice of Hearing about Minor Guardianship.
- PETITIONER(S): Petitioner(s) must serve a copy of LOCAL COURT INSTRUCTIONS to all parties requiring service.
- COURT REVIEW: The Court will review at hearing the status of this case and whether the following steps have been completed:
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- Summons, Petition, Declaration Explaining the Reasons for Minor Guardianship, Notice of Hearing and Local Court Instructions have been served on all parties requiring service.
- Completion of Washington State Patrol criminal history reports (https://www.wsp.wa.gov/crime/criminal-history/); and National Criminal Identification Data ( https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks) for all persons seeking appointment as guardian of respondent minor (s), and all persons who reside in the same household of proposed guardian(s).
- Completion of Washington Child Protection Service reports for all persons seeking appointment as guardian of respondent minor (s), and all persons who reside in the same household of proposed guardian(s).
- Whether an additional Status Hearing is necessary, and Case Schedule Order issued.
- If appointment of a Court Visitor is necessary.
- If appointment of a Guardian ad Litem (GAL) is necessary.
- If appointment of an attorney for the minor(s) is necessary.
- If appointment of an attorney for any parent is necessary.
- The Court will inquire as to whether there are other cases in this or other jurisdictions regarding the child(ren), and as to whether the child(ren) may be an Indian child pursuant to ICWA.
- All motions will be heard on the Minor Guardianship Docket unless otherwise specified. All motion hearings shall be scheduled with a Notice of Hearing. The Notice shall be filed at least 12 calendar days prior to the scheduled hearing date. The judicial officer hearing the Minor Guardianship Docket may set special hearings at other times if complex or unusual issues are present.
- Upon determination by the judicial officer hearing the Minor Guardianship Docket that a case is ready and is contested, a case schedule order will be issued, trial date assigned, and additional deadlines set.
- Proposed Orders are required. Every party must submit a proposed order with their motion or response. The word “Proposed” must be in the title of the document. The Clerk shall file proposed orders. Litigants shall upload proposed orders to eMotion and for Minor Guardianship cases email Word versions of proposed order to Court Administration at: scproposedorders@co.benton.wa.us. A copy of any email message sent to Court Administration shall be sent to all opposing attorneys and/or as applicable all unrepresented litigants.
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- FILING PAPERS THAT RESOLVE THE CASE: All parties to this action must keep this court informed of their address or any change of address by filing a Notice of Address Change. Washington State Court Form: FL All Family 120.
- NOTICE OF NON-COMPLIANCE: If there is no activity, by the parties, for 120 days from the date stamped on this Petition, your file will be reviewed. If there is no evidence of ongoing action and the case appears to be abandoned, a Notice of Dismissal will be issued setting a hearing at which your case may be dismissed by the Court.
- PARTICIPATING VIA WEBEX: The first time you join a court proceeding, you will be prompted to download the appropriate software from WebEx (or prompted to download the appropriate IOS or Android app if you are using a tablet or phone). For Courtroom assignment and connecting with Webex please go to:
- TO PETITIONER(S) AND PARENTS: Read the information and instructions on the Notice of Hearing completely.
- WARNING! Parents of the above child(ren), the court may enter an order of default against you and the court may, without further notice to you, enter an order and approve or provide for the relief requested in the petition.