AGO Opinion Topics: ALTERNATIVE RESIDENTIAL PLACEMENT

A court order approving alternative residential placement issued pursuant to RCW 13.32A.170 or 13.32A.180 necessarily constitutes a judicial determination that continuation of the child in the home would be "contrary to the welfare of the child" or that removal of the child from the home would be "in the best interests of the child." Such court orders necessarily require removal of the child from the home.  Removal of a child from the home pursuant to a court order for shelter care under RCW 13.34.060 necessarily entails a judicial determination that such removal is "in the best interests of the child" or, conversely, that continuation of the child in the home would be "contrary to the welfare of the child." A court order entered in accordance with RCW 13.34.060(6) necessarily requires removal of the child from the home. Removal of a child from the home pursuant to a court order entered under RCW 13.34.130 necessarily entails a judicial determination that such removal is "in the best interests of the child" or that continuation of the child in the home is "contrary to the welfare of the child." A court order for out-of-home placement entered in accordance with RCW 13.34.130 necessarily requires removal of the child from the home.