RCW 7.70.065: Washington's Relative Caregiver Health Declaration Explained

A child lands in your care on a Tuesday night. By Friday the pediatrician needs a signed form before they will fill a prescription. Washington's RCW 7.70.065 is the statute that lets you sign that form — no court order, no parent signature, no attorney.

What RCW 7.70.065 Actually Says

The statute creates a priority list for who can consent to a minor's medical, dental, and mental-health care when the parents are not available. After court-appointed guardians and parents themselves, the list reaches two groups:

1. Anyone holding a written parental power of attorney for healthcare decisions.
2. A competent adult who is a relative responsible for the child's healthcare — grandparents, adult siblings, aunts, uncles, adult nieces and nephews, and adult grandchildren all qualify by statute.

Non-relatives can also qualify under RCW 7.70.065(1)(a)(x)(A) if they can show special care and concern for the child and familiarity with the child's values, but the bar is higher and providers may ask for supporting evidence.

How the Declaration Works in Practice

You fill out a written declaration — often the Northwest Justice Project's Health 752 form or the DSHS 22-996x template — stating under penalty of perjury that the child's parents are unavailable and that you are a qualifying relative responsible for the child's health care.

The declaration must include:

• Your name and relationship to the child
• The child's name and date of birth
• A statement that the parents are unavailable
• Your signature under penalty of perjury per RCW 9A.72.085

There is no mandatory state form. Providers must accept any written declaration that hits those statutory elements, whether it is on the NJP template, a DSHS form, or a document you drafted yourself.

The Six-Month Expiration Rule

This is the part most caregivers discover the hard way. Under RCW 7.70.065(2)(a)(v), a caregiver declaration is valid for six months from the date you sign it. After that, it expires automatically. If the child is still in your care and the parents are still unavailable, you execute a new one.

Mark the expiry date the day you sign. Clinics will not remind you — they simply turn you away when the declaration is stale.

What the Declaration Covers (and Doesn't)

A valid RCW 7.70.065 declaration authorises consent for:

• Routine outpatient medical care (checkups, prescriptions, urgent care visits)
• Dental care (cleanings, fillings, X-rays)
• Mental health treatment (outpatient counselling, therapy — expanded by SHB 3139 in 2006)
• Immunisations and school-required physicals

It does not authorise:

• Elective major surgery or procedures requiring general anaesthesia (unless an emergency)
• Organ donation
• Consent to marriage or adoption
• Access to insurance enrolment (coverage is separate from treatment consent)

Provider Protections and Pushback

Providers who treat a child in good-faith reliance on a properly executed declaration are protected from civil liability under the statute. Still, some clinics — particularly those unfamiliar with kinship care — ask for supporting evidence before accepting the form. Accepted corroboration includes school records listing you as the primary contact, a letter from a social worker or counsellor, or tax returns showing the child as a dependent.

If a clinic refuses, cite the statute by number, ask to speak with the practice manager, and if necessary escalate through the child's insurer or your local Kinship Navigator.

When You Need Something Stronger

The declaration is a temporary, renewable instrument. It does not give you legal custody, access to child support, or the right to make major life decisions for the child. If the parent returns and objects, the declaration loses force immediately. If you need broader authority — decision-making for school plus healthcare, lasting longer than six months — a Parental Power of Attorney under RCW 11.130.145 (up to 24 months) or a court-ordered minor guardianship may be the better path.

Our Washington School and Medical Consent Guide walks through every instrument side by side — the declaration, the power of attorney, and the court options — so you can pick the right one for your situation without guessing.

See more Washington guides →