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Family Law Court Records

Information Requirements

Engrossed House Bill 1864
The Washington State Legislature passed Engrossed House Bill 1864 - An Act relating to information requirements in family law court files, which was adopted by the State Supreme Court and made effective October 1, 2001.

General Rule 22
The Washington State Supreme Court adopted General Rule 22 - Access to Family Law Court Records, effective October 1, 2001.

Spokane County Superior Court General Order 2001-106

Pursuant to the passage of House Bill 1864 and GR 22 the Spokane County Superior Court signed General Order No. 2001-106, enforcing the mandatory requirements on certain family law pleadings and documents.

Confidential Information Form

The Spokane County Clerk will NOT accept petitions (except in parentage actions initiated by the State), orders of child support, decrees of dissolution, or paternity orders for filing in such actions unless the Confidential Information Form is already on file with the Clerk.

The Confidential Information Form is used for a combination of mandatory data collection requirements - collect information for data entry into the Judicial Information System pursuant to RCW 26.50.160 and collect personal information required under the UCCJEA, RCW 26.27.281 for reporting to the state support registry. (Excerpts from statutes referenced below.)

RCW 26.50.160

Judicial information system -- Data base (as amended by 2000 c 119)

To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the judicial information system shall be available in each district, municipal, and superior court by July 1, 1997, and shall include a data base containing the following information:

(3) The names of the parties and the cause number for every order of protection issued under this title, every criminal no-contact order issued under chapters 9A.46 and 10.99 RCW, every antiharassment order issued under chapter 10.14 RCW, every dissolution action under chapter 26.09 RCW, every third-party custody action under chapter 26.10 RCW, every parentage action under chapter 26.26 RCW, every restraining order issued on behalf of an abused child or adult dependent person under chapter 26.44 RCW, every foreign protection order filed under chapter 26.52 RCW, and every order for protection of a vulnerable adult under chapter 74.34 RCW. When a guardian or the department of social and health services has petitioned for relief on behalf of an abused child, adult dependent person, or vulnerable adult, the name of the person on whose behalf relief was sought shall be included in the data base as a party rather than the guardian or department;

(2) A criminal history of the parties; and

(3) Other relevant information necessary to assist courts in issuing orders under this chapter as determined by the judicial information system committee.

RCW 26.27.281

Information to be submitted to court

(1) Subject to laws providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. . . .

RCW 26.26.130

Judgment or order determining parent and child relationship -- Support judgment and orders -- Residential provisions -- Custody -- Restraining orders -- Notice of modification or termination of restraining order

... (4) The judgment and order shall contain a provision that each party must file with the court and the Washington state child support registry and update as necessary the information required in the confidential information form required by RCW 26.23.050...

RCW 26.21A.250

Pleadings and accompanying documents

... (3) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to satisfy the requirements of subsection (1) of this section. A completed confidential information form shall be deemed an "accompanying document" under subsection (1) of this section.

RCW 26.23.050

Support orders -- Provisions -- Enforcement -- Confidential information form

... (5) Every support order shall state:

(l) That each parent must:

(i) Promptly file with the court and update as necessary the confidential information form required by subsection (7) of this section;...

(7) All petitioners and parties to all court actions under chapters 26.09, 26.10, 26.12, 26.18, 26.21, 26.23, 26.26, and 26.27 RCW shall complete to the best of their knowledge a verified and signed confidential information form or equivalent that provides the parties' current residence and mailing addresses, telephone numbers, dates of birth, social security numbers, driver's license numbers, and the names, addresses, and telephone numbers of the parties' employers. The clerk of the court shall not accept petitions, except in parentage actions initiated by the state, orders of child support, decrees of dissolution, or paternity orders for filing in such actions unless accompanied by the confidential information form or equivalent, or unless the confidential information form or equivalent is already on file with the court clerk. In lieu of or in addition to requiring the parties to complete a separate confidential information form, the clerk may collect the information in electronic form. The clerk of the court shall transmit the confidential information form or its data to the division of child support with a copy of the order of child support or paternity order, and may provide copies of the confidential information form or its data and any related findings, decrees, parenting plans, orders, or other documents to the state administrative agency that administers Title IV-A, IV-D, or IV-E of the federal social security act. In state initiated paternity actions, the parties adjudicated the parents of the child or children shall complete the confidential information form or equivalent or the state's attorney of record may complete that form to the best of the attorney's knowledge.

RCW 26.23.055

Support proceedings, orders, and registry -- Required information -- Duty to update -- Service

(1) Each party to a paternity or child support proceeding must provide the court and the Washington state child support registry with the confidential information form as required under RCW 26.23.050.

(2) Each party to an order entered in a child support or paternity proceeding shall update the information required under subsection (1) of this section promptly after any change in the information. The duty established under this section continues as long as any monthly support or support debt remains due under the support order...

RCW 26.26.130

Judgment or order determining parent and child relationship -- Support judgment and orders -- Residential provisions -- Custody -- Restraining orders -- Notice of modification or termination of restraining order

... (4) The judgment and order shall contain a provision that each party must file with the court and the Washington state child support registry and update as necessary the information required in the confidential information form required by RCW 26.23.050...

Mandatory Use of Approved Forms

Counsel and parties MUST use the most recent version of the State Mandated forms in all domestic relations actions. The Washington State Administrator for the Courts has developed and approved standard court forms and revises them as appropriate to comply with legislative updates.

RCW 26.18.220

Standard court forms -- Mandatory use

(1) The administrator for the courts shall develop not later than July 1, 1991, standard court forms and format rules for mandatory use by litigants in all actions commenced under chapters 26.09, 26.10, and 26.26 RCW effective January 1, 1992. The administrator for the courts shall develop mandatory forms for financial affidavits for integration into the worksheets. The forms shall be developed and approved not later than September 1, 1992. The parties shall use the mandatory form for financial affidavits for actions commenced on or after September 1, 1992. The administrator for the courts has continuing responsibility to develop and revise mandatory forms and format rules as appropriate.

(2) A party may delete unnecessary portions of the forms according to the rules established by the administrator for the courts. A party may supplement the mandatory forms with additional material.

(3) A party's failure to use the mandatory forms or follow the format rules shall not be a reason to dismiss a case, refuse a filing, or strike a pleading. However, the court may require the party to submit a corrected pleading and may impose terms payable to the opposing party or payable to the court, or both.

(4) The administrator for the courts shall distribute a master copy of the forms to all county court clerks. The administrator for the courts and county clerks shall distribute the mandatory forms to the public upon request and may charge for the cost of production and distribution of the forms. Private vendors may distribute the mandatory forms. Distribution may be in printed or electronic form.

RCW 26.26.065

Mandatory use of approved forms

(1) Effective January 1, 1992, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts.

(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.

Documents Filed Under Sealed Cover Sheets

Sealed Cover Sheets

Confidential Information Form

Counsel and parties in family law and guardianship cases are required to submit restricted access documents under the Sealed Financial Source Cover sheet, the Sealed Personal Health Care Records Cover sheet, or the Confidential Reports Cover sheet.

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