Revised Code of Washington

Wash. Rev. Code § 13.36.040 (2026)

✓ current as of May 2026

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(1) At the hearing on a guardianship petition, all parties have the right to present evidence and cross-examine witnesses. The rules of evidence apply to the conduct of the hearing. The hearing under this section to establish a guardianship or convert an existing dependency guardianship to a guardianship under this section is a stage of the dependency proceedings for purposes of RCW 13.34.090(2).

(2) A guardianship shall be established if:

(a) The court finds by a preponderance of the evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or to continue efforts to return custody of the child to the parent; and

(b) All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate, and capable of performing the duties of guardian under RCW 13.36.050; or

(c)(i) The child has been found to be a dependent child under RCW 13.34.030;

(ii) A dispositional order has been entered pursuant to RCW 13.34.130;

(iii) At the time of the hearing on the guardianship petition, the child has or will have been removed from the custody of the parent for at least six consecutive months following a finding of dependency under RCW 13.34.030;

(iv) The services ordered under RCW 13.34.130 and 13.34.136 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided;

(v) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and

(vi) The proposed guardian has signed a statement acknowledging the guardian's rights and responsibilities toward the child and affirming the guardian's understanding and acceptance that the guardianship is a commitment to provide care for the child until the child reaches age eighteen.

(3) The court may not establish a guardianship for a child who has no legal parent unless the court, in addition to making the required findings set forth in subsection (2) of this section, finds one or more exceptional circumstances exist and the benefits for the child of establishing the guardianship outweigh any potential disadvantage to the child of having no legal parent. Exceptional circumstances may include but are not limited to:

(a) The child has special needs and a suitable guardian is willing to accept custody and able to meet the needs of the child to an extent unlikely to be achieved through adoption; or

(b) The proposed guardian has demonstrated a commitment to provide for the long-term care of the child and: (i) Is a relative of the child; (ii) has been a long-term caregiver for the child and has acted as a parent figure to the child and is viewed by the child as a parent figure; or (iii) the child's family has identified the proposed guardian as the preferred guardian, and, if the child is age twelve years or older, the child also has identified the proposed guardian as the preferred guardian.

(4) Upon the request of a dependency guardian appointed under chapter 13.34 RCW and the department or supervising agency, the court shall convert a dependency guardianship established under chapter 13.34 RCW to a guardianship under this chapter.

[ 2010 c 272 s 4.]

Notes of Decisions

Cited in 25 cases (2 in the last 5 years), 2013–2024 · leading case: Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015).

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Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). · cites it 10× “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

Dep't of Soc. & Health Servs. v. Parvin, 185 Wash. App. 108 (Wash. Ct. App. 2014). · cites it 7× “RCW 13.36.040 provides: (2) A guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child’s best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or…”

In re the Welfare of R.H., 309 P.3d 620 (Wash. Ct. App. 2013). · cites it 2× “¶1 In this case, we address how RCW 13.36.040, the guardianship statute the legislature enacted in 2010, influences parental termination actions under RCW 13.”

In re the Guardianship of K.B.F., 175 Wash. App. 140 (Wash. Ct. App. 2013). · cites it 14× “¶1 KBF’s 1 father appeals the juvenile court’s establishment of a guardianship under RCW 13.36.040. He argues the Department of Social and Health Services failed to prove that (1) it had offered him reasonably available court-ordered necessary services capable of correcting his…”

In re the Guardianship of D.S., 317 P.3d 489 (Wash. Ct. App. 2013). · cites it 13× “Under RCW 13.36.040(2), a guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child’s best interests to establish a guardianship, *688 rather than to terminate the parent-child relationship and proceed with adoption, or…”

In re the Parental Rights to J.B., 197 Wash. App. 430 (Wash. Ct. App. 2016). · cites it 4× “190(l)(b); RCW 13.36.040(2)(a). ¶14 Termination element (f) implicitly touches on the best interest of the child standard.”

In Re The Welfare Of: J.b., Jr. (Wash. Ct. App. 2016). · cites it 12× “Since the elements in RCW 13.36.040 require the juvenile court to ultimately make findings about the specific proposed guardians, it would be illogical to expand A.”

In re the Dependency Of D.S. (Wash. Ct. App. 2013). · cites it 13× “Under RCW 13.36.040(2), a guardianship shall be established if: (a) The courtjinds by a preponderance ofthe evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or to…”

In Re The Dependency Of: N.B.G., 551 P.3d 1045 (Wash. Ct. App. 2024). “asks us to define the term “available” pursuant to RCW 13.36.040(2)(b), where the court may establish a guardianship by stipulation if “the proposed guardian is qualified, appropriate, and capable of performing the duties of a guardian under RCW 13.”

In Re The Dependency Of: C.l.m. Latae Maria Mitchell, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2017). · cites it 6× “RCW 13.36.040(2) provides, in pertinent part: A guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed…”

In re Welfare of A.W. (Wash. 2015). · cites it 10× “RCW 13.36.040(1); RCW 13.34.090(1). Cases are heard by an unbiased fact finder.”

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2014). · cites it 7× “5 We note that Jones was decided after briefing was completed in this matter, but at our request, the parties did address the issue at oral argument.”

Show all 25 citing cases →

— Wash. Rev. Code § 13.36.040(1) — 2 cases

Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

In re Welfare of A.W. (Wash. 2015). “RCW 13.36.040(1); RCW 13.34.090(1). Cases are heard by an unbiased fact finder.”

— Wash. Rev. Code § 13.36.040(2) — 12 cases

Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

Dep't of Soc. & Health Servs. v. Parvin, 185 Wash. App. 108 (Wash. Ct. App. 2014). “RCW 13.36.040 provides: (2) A guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child’s best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or…”

In re the Guardianship of D.S., 317 P.3d 489 (Wash. Ct. App. 2013). “Under RCW 13.36.040(2), a guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child’s best interests to establish a guardianship, *688 rather than to terminate the parent-child relationship and proceed with adoption, or…”

In re Welfare of A.W. (Wash. 2015). “RCW 13.36.040(1); RCW 13.34.090(1). Cases are heard by an unbiased fact finder.”

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2014). “5 We note that Jones was decided after briefing was completed in this matter, but at our request, the parties did address the issue at oral argument.”

— Wash. Rev. Code § 13.36.040(2)(a) — 10 cases

In re the Parental Rights to J.B., 197 Wash. App. 430 (Wash. Ct. App. 2016). “190(l)(b); RCW 13.36.040(2)(a). ¶14 Termination element (f) implicitly touches on the best interest of the child standard.”

In re the Guardianship of K.B.F., 175 Wash. App. 140 (Wash. Ct. App. 2013). “¶1 KBF’s 1 father appeals the juvenile court’s establishment of a guardianship under RCW 13.36.040. He argues the Department of Social and Health Services failed to prove that (1) it had offered him reasonably available court-ordered necessary services capable of correcting his…”

In Re The Welfare Of: J.b., Jr. (Wash. Ct. App. 2016). “Since the elements in RCW 13.36.040 require the juvenile court to ultimately make findings about the specific proposed guardians, it would be illogical to expand A.”

In Re The Dependency Of: C.l.m. Latae Maria Mitchell, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2017). “RCW 13.36.040(2) provides, in pertinent part: A guardianship shall be established if: (a) The court finds by a preponderance of the evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed…”

— Wash. Rev. Code § 13.36.040(2)(b) — 4 cases

In Re The Termination Of: M. H. W. P. (Wash. Ct. App. 2018).

In Re The Dependency Of: N.b.g. (Wash. Ct. App. 2024).

— Wash. Rev. Code § 13.36.040(2)(c) — 7 cases

Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

In Re The Welfare Of: A.m.m.a. Antonial Monroe, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2016).

Guardianship Of Shr., Anjuli Hammond v. Dshs, State Of Washington (Wash. Ct. App. 2017).

— Wash. Rev. Code § 13.36.040(2)(c)(i) — 5 cases

Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

In re Welfare of A.W. (Wash. 2015). “RCW 13.36.040(1); RCW 13.34.090(1). Cases are heard by an unbiased fact finder.”

In Re The Welfare Of: A.m.m.a. Antonial Monroe, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2016).

— Wash. Rev. Code § 13.36.040(2)(c)(iv) — 6 cases

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2014).

— Wash. Rev. Code § 13.36.040(2)(c)(v) — 5 cases

Dep't of Soc. & Health Servs. v. T.P., 182 Wash. 2d 689 (Wash. 2015). “RCW 13.36.040(1); RCW 13.34-.090(1). Cases are heard by an unbiased fact finder.”

In re the Dependency Of D.S. (Wash. Ct. App. 2013). “Under RCW 13.36.040(2), a guardianship shall be established if: (a) The courtjinds by a preponderance ofthe evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or to…”

Guardianship Of Shr., Anjuli Hammond v. Dshs, State Of Washington (Wash. Ct. App. 2017).

In re Welfare of A.W. (Wash. 2015). “RCW 13.36.040(1); RCW 13.34.090(1). Cases are heard by an unbiased fact finder.”

— Wash. Rev. Code § 13.36.040(c)(iv) — 2 cases

In Re The Dependency Of: M.p. Paul Parvin, App. v. State Of Wa., Dshs, Res. (Wash. Ct. App. 2014).

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