RCW 11.130.195 Notice of hearing for appointment of guardian for minor. (Effective January 1, 2021.)

(1) If a petition is filed under RCW 11.130.190, the court shall schedule a hearing and the petitioner shall:

(a) Serve notice of the date, time, and place of the hearing, together with a copy of the petition, personally on each of the following that is not the petitioner:

(i) The minor, if the minor will be twelve years of age or older at the time of the hearing;

(ii) Each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;

(iii) Any adult with whom the minor resides;

(iv) Each person that had primary care or custody of the minor for at least sixty days during the two years immediately before the filing of the petition or for at least seven hundred thirty days during the five years immediately before the filing of the petition; and

(v) Any other person the court determines should receive personal service of notice; and

(b) Give notice under RCW 11.130.065 of the date, time, and place of the hearing, together with a copy of the petition, to:

(i) Any person nominated as guardian by the minor, if the minor is twelve years of age or older;

(ii) Any nominee of a parent;

(iii) Each grandparent and adult sibling of the minor;

(iv) Any guardian or conservator acting for the minor in any jurisdiction; and

(v) Any other person the court determines.

(2) Notice required by subsection (1) of this section must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian.

(3) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (1)(a) of this section is not served on:

(a) The minor, if the minor is twelve years of age or older; and

(b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.

(4) If a petitioner is unable to serve notice under subsection (1)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, the court shall appoint a visitor who shall:

(a) Interview the petitioner and the minor;

(b) If the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence;

(c) Investigate any other matter relating to the petition the court directs; and

(d) Ascertain whether the parent consents to the guardian for the minor.

[ 2019 c 437 § 203.]