The Benton County Superior Court declared 7-year-old Kirsten Key to be a dependent child within the meaning of RCW 13.34. Her mother appeals. She asserts that, absent a finding of parental unfitness, the dependency order violates her constitutional right to due process of law. We affirm the trial court, but find that most of the mother's concerns are met by our interpretation of the relevant statutes. Specifically, we hold that if the Department of Social and Health Services desires to move Kirsten against her mother's wishes, the Department must prove by clear, cogent and convincing evidence that its desired placement is *603in the best welfare of the child. As admitted by the State, this dependency proceeding is consensual inasmuch as the parent has agreed that services appropriate to the child's needs cannot be provided in the home; if the parent decides that appropriate services can be provided in the home, she may withdraw her consent to this category of dependency. Should she make this determination, she will have to petition the court to modify its dispositional order. RCW 13.34.150. To sustain a dependency finding, the State will then be required to establish facts sufficient to satisfy a finding of dependency under some other category of RCW 13.34.030(2).
Kirsten is a severely disabled child. She suffers from spastic quadriplegia, cerebral palsy, réspiratory distress, and osteoporosis. She is nonverbal and nonambulatory. Her osteoporosis makes it very difficult to move her. The parties agree that Kirsten is disabled within the meaning of RCW 71A.10.020(2). Kirsten's condition is not expected to improve, and will probably worsen. She is "medically frail" and needs total, around-the-clock care.
For the first 3 years of Kirsten's life, her mother, Kelly Key, cared for her at home. Ms. Key's husband's insurance at first paid for Kirsten's medical expenses. When Ms. Key and her husband divorced in 1985, there was no longer any insurance to cover the expenses.
Ms. Key started working nights to avoid going on welfare. At the suggestion of her doctor, Ms. Key contacted the Department of Social and Health Services (the Department) and requested assistance in finding someone to care for Kirsten in the Key home while Ms. Key was at work. The Department told Ms. Key it could not provide such care for her. Report of Proceedings, at 159. In 1985, Ms. Key placed Kirsten in voluntary foster care, because she believed she had no alternative. She later took Kirsten back into her home.
In January 1987, Ms. Key could no longer find a babysitter to care for Kirsten while she worked. She again sought foster care for her daughter. Ms. Key had previously *604placed Kirsten in the care of Phyllis Lawrence, a licensed foster care provider. As a result of Ms. Key's request, the Department agreed to place Kirsten in Lawrence's care. Ms. Key signed a voluntary placement agreement as authorized by WAC 388-70-013(8). Report of Proceedings, at 28; plaintiff's exhibit 1. The agreement notified Ms. Key that (1) the Department would prepare a permanency plan for Kirsten; (2) the Department might move Kirsten from the Lawrence home; and (3) "a dependency action may be required". Plaintiff's exhibit 1.
Ms. Key moved next door to the foster care provider tp be closer to Kirsten. She visited Kirsten frequently, and participated in making decisions concerning Kirsten's care. Although Ms. Key originally opposed placing Kirsten in foster care, she was later pleased with the foster care placement, and wanted Kirsten to remain in Ms. Lawrence's care. The social workers who handled the Key case believe Ms. Key is a fit mother who loves her daughter. Kirsten's severe disability is the only reason she is in foster care. We have set forth these facts extensively to make evident what is clear from the record. Ms. Key is not an unfit parent in any sense.
In January 1990, the Department filed a petition in Benton County Superior Court asking that Kirsten be declared dependent. Clerk's Papers, at 74-75. The petition alleged two alternate grounds for finding dependency.
[Kirsten Key] [h]as no parent, guardian or custodian capable of adequately caring for the child, such that said child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development;
[Kirsten Key] [i]s developmentally disabled, as defined by RCW 71.20.0161[1] and whose parent, guardian or legal custodian together with the department determines that services appropriate to the child's needs cannot be provided in the home.
*605The Benton County Superior Court held a dependency hearing on April 30 and May 1, 1990. An attorney represented Ms. Key at the hearing. An attorney and a guardian ad litem represented Kirsten. The court found Kirsten dependent, but only under the second alternative listed in the petition. The reasoning of the lower court in finding Kirsten dependent within the meaning of RCW 13.34.030(2)(d) had nothing to do with any finding of unfitness on Ms. Key's part.
At the hearing, a social worker testified that the Department might be able to provide sufficient services so that Ms. Key could take care of Kirsten in her home. There was conflicting testimony on whether Ms. Key refused the services,2 or simply did not follow up on the services due to the beginning of the dependency proceedings.3 The social worker also testified she believed it was in Kirsten's best interest to stay in the foster home. Kirsten's guardian ad litem also testified that Kirsten should remain in the foster home.
Ms. Key testified she is fully capable of caring for Kirsten's psychological and physical needs. She also testified, however, that the foster mother was more capable of caring for Kirsten's physical needs, and that Kirsten was healthier when in the foster home.
The court entered findings and an order of dependency on August 23, 1990. The court found Kirsten dependent within the meaning of RCW 13.34.030(2)(d).
The Legislature is cognizant of the special problems posed by developmentally disabled children. This is highlighted by the Legislature's finding:
The legislature finds that in order for the state to receive federal funds for family foster care under Title IV-B and Title IV-E of the social security act, all children in family foster care must be subjected to periodic court review. Unfortunately, this includes children who are developmentally disabled and who *606are placed in family foster care solely because their parents have determined that the children's service needs require out-of-home placement. Except for providing such needed services, the parents of these children are completely competent to care for the children. The legislature intends by this act to minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with these federal requirements.
Laws of 1983, ch. 311, § 1. The language of the statute and intent of the Legislature is clear. A court may find a developmentally disabled child dependent without a finding of parental unfitness. Moreover, this statutory definition of "dependent child" has a number of components: the statutory definition of developmentally disabled child, the level of services required for the child's care, whether those services can be provided for in-home, and the parent's consent that services appropriate to the child's needs cannot be provided in the home.
The parties do not dispute that Kirsten meets the statutory definition of developmentally disabled child. The testimony in this case indicates that Kirsten requires around-the-clock care, and that Kirsten's condition is expected to worsen. While there is conflicting testimony whether a sufficient level of services could be provided for Kirsten in her mother's home, both Kirsten's guardian ad litem and a social worker testified that it was in her best interest to remain in the foster home.
The difficult question concerns how to characterize Kelly Key's opposition to this dependency. In order to support a dispositional order requiring an out-of-home placement, the trial court was required to find, among other things, that the "parent . . . has determined that the child would benefit from placement outside of the home." RCW 13.34.130(1)(b)(iv). At the dependency hearing, Kelly Key testified that Phyllis Lawrence, Kirsten's foster care provider, was more capable of caring for Kirsten's physical needs and development. See Report of Proceedings, at 180. Kelly Key expressed her opinion that Kirsten's physical condition benefited from placement in foster care outside the *607home. While she opposed the dependency proceeding, such opposition is not inconsistent with her belief at the time of the dependency that Kirsten's physical condition benefited from placement outside the home.
Ms. Key additionally complains that the Department could move Kirsten without her consent to another home of which she did not approve. This is incorrect. The statute directly addresses this area of Ms. Key's concern. RCW 13.34.260 states:
In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. . . . Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and should be integrated through the foster care team.
The specific language of this statute recognizes that parental wishes are appropriate in areas not connected with abuse or neglect. This case obviously involves no abuse or neglect on the part of the mother. If the Department decides it does not want to follow the wish of Ms. Key regarding placement of the child, the Department must prove it has good cause for such a determination. In matters under this statute dealing with a concerned parent, such as Ms. Key, where no finding of parental unfitness has been alleged or made, such burden of proof must rise to the standard of clear and convincing evidence, the highest civil burden of proof.
In enacting RCW 13.34.030(2)(d), the Legislature sought to ''minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with" federal funding requirements and regulations. Laws of 1983, ch. 311, § 1. The Legislature's chosen approach to effect this aim while preserving eligibility for federal funding was to create an additional way for the juvenile court to establish jurisdiction over these voluntary foster placements. The reason for the legislative determination of how these matters should proceed is found in the complex labyrinth of federal *608funding regulations and is mentioned in the legislative finding. Laws of 1983, ch. 311, § 1. The State argues that a dependency finding is necessary in order to comply with federal and state laws. For the State to be eligible for federal funding, the status of each child in foster care must be reviewed at least every 6 months. 42 U.S.C. §§ 627(a)(2)(B), 675(5). The federal statute allows for review by either a court or an administrative agency. 42 U.S.C. § 675(5)(B).
In order to comply with the federal requirement, the Washington Legislature decided "all children in family foster care must be subjected to periodic court review." Laws of 1983, ch. 311, § 1. The Legislature deliberately chose not to provide for administrative review, as authorized by the federal statute.
The juvenile court initially obtains jurisdiction over a minor when he or she is found to be a delinquent or dependent child, as defined by statute. In re McDaniel, 64 Wn.2d 273, 276-77, 391 P.2d 191 (1964); In re Hudson, 13 Wn.2d 673, 681, 126 P.2d 765 (1942); see In re Chubb, 112 Wn.2d 719, 723, 773 P.2d 851 (1989); see also Moore v. Burdman, 84 Wn.2d 408, 526 P.2d 893 (1974). The only way the juvenile court can conduct its legislatively required review of foster children is for the juvenile court to determine if the foster child meets the statutory criteria for a "dependent child". As Kirsten Key had not ever been declared a "dependent child", the juvenile court did not have jurisdiction to conduct the legislatively required review of her foster care placement. Thus, this explains the need for the dependency proceeding in this case.
The State's interest in being able to have a child declared dependent, without a finding of unfitness, is in maintaining its financial ability to provide for the physical needs of the child. Fiscal matters are a proper concern in determining whether the State's interest is sufficient to warrant the intrusion into the parent's rights. Krause v. Catholic Comm'ty Servs., 47 Wn. App. 734, 743-45, 737 P.2d 280, review denied, 108 Wn.2d 1035 (1987). For the State to fulfill its parens patriae responsibility toward severely disabled *609children such as Kirsten, this is a reasonable choice by the Legislature and does not require a finding of unfitness.
This is not an unconstitutional choice. The due process clause of the Fourteenth Amendment protects a parent's right to the custody, care, and companionship of her children. Stanley v. Illinois, 405 U.S. 645, 651, 31 L. Ed. 2d 551, 92 S. Ct. 1208 (1972); Prince v. Massachusetts, 321 U.S. 158, 166, 88 L. Ed. 645, 64 S. Ct. 438 (1944); In re Luscier, 84 Wn.2d 135, 139, 524 P.2d 906 (1974). That right cannot be abridged without due process of law. U.S. Const. amend. 14. Ms. Key argues that, absent a finding of parental unfitness, the court's finding that Kirsten is dependent violated Ms. Key's due process rights. This is not supported by the language of the statute or the law.
Appellant cites two cases as supporting her position that a finding of unfitness is necessary. First, she cites In re J.P., 648 P.2d 1364 (Utah 1982), for the proposition that declaring a child dependent absent a finding of unfitness is unconstitutional. In re J.P., supra, does not support that proposition. In re J.P., supra, holds only that it violates the Fourteenth Amendment to permanently terminate a parent's rights absent a finding of unfitness. 648 P.2d at 1366.
A dependency proceeding and a termination proceeding have different objectives, statutory requirements, and safeguards. In re Hiebert, 28 Wn. App. 905, 908, 627 P.2d 551 (1981); compare RCW 13.34.130 with RCW 13.34.180 and RCW 13.34.190. The key difference in the dependency hearing is "a prehminaiy, remedial, nonadversary proceeding" that does not permanently deprive a parent of any rights. In re A.W., 53 Wn. App. 22, 30, 765 P.2d 307 (1988), review denied, 112 Wn.2d 1017 (1989). A finding of dependency does not inevitably lead to a termination of parental rights. In re Churape, 43 Wn. App. 634, 639-40, 719 P.2d 127 (1986) (fact that child in long-term foster care not determinative in deciding whether to terminate parental rights). In re J.P.'s focus is solely on termination proceedings. Its reasoning does not apply to dependency proceedings.
*610Appellant also relies on Halderman v. Pennhurst State Sch. & Hosp., 707 F.2d 702 (3d Cir. 1983). The parents in Halderman voluntarily placed their child in a state facility for the mentally handicapped. The State later sought, against the parents' wishes, to move the child to another facility. The Court of Appeals ruled the State's interest was not "sufficiently important" to overcome the "heavy presumption in favor of parental decisions." 707 F.2d at 707. However, the 3-judge panel could not agree whether the State's action violated the constitutional rights of the parents. One judge found the State violated the parents' constitutional rights,4 one judge concurred on nonconstitutional grounds,5 and one judge dissented.6 Thus the Halderman decision is of little value to this court.
Ms. Key's claims that her constitutional rights are violated are not borne out by the law.
Ms. Key does not assert that the dependency procedure is per se unconstitutional. Instead, she alleges only that declaring Kirsten dependent without a finding of parental unfitness violates Ms. Key's rights. In essence, Ms. Key asserts that the procedure by which a child can be found dependent without a finding of parental unfitness is unconstitutional.
This court has stated:
[I]n assessing the constitutionality of a procedure which infringes upon parents' rights to the care, custody, and companionship of their children, it is necessary to ascertain the proper balance between the parents' constitutional rights and the State's constitutionally protected parens patriae interest in protecting the best interests of the child.
In re Sumey, 94 Wn.2d 757, 762-63, 621 P.2d 108 (1980). To achieve that balance, Washington courts apply a 3-prong *611test. The three factors the court considers are: (1) the parents' interests; (2) the risk of error created by the State's chosen procedure; and (3) the State's interest. Krause, 47 Wn. App. at 738; see also Parham v. J.R., 442 U.S. 584, 599-600, 61 L. Ed. 2d 101, 99 S. Ct. 2493 (1979) (applying same 3-part test).
Addressing the three factors this court must consider as enumerated in Krause v. Catholic Comm'ty Servs., supra, it is apparent first that the parents' interest is adequately protected by statutory procedural safeguards. Krause, 47 Wn. App. at 740. Due process requires that parents have notice, an opportunity to be heard, and the right to be represented by counsel. In re Myricks, 85 Wn.2d 252, 254, 533 P.2d 841 (1975); In re Messmer, 52 Wn.2d 510, 514, 326 P.2d 1004 (1958). The statute provides that the parent
has a right to be represented by an attorney ... to introduce evidence, to be heard in . . . her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.
RCW 13.34.090. That statute fulfills all of the requirements of due process, and appellant does not claim the State did not comply with the statute in her case.
Ms. Key's interest is the same as that of any parent in a dependency proceeding. Her interest does not depend on whether she is found unfit. Instead, the presence or absence of unfitness would seem to affect only the weight of the State's interest. Therefore, Ms. Key's interests are adequately protected. Under RCW 13.34.260, she can veto a foster care placement unless the State carries its burden and shows by clear, cogent, and convincing proof that the placement is in the child's best interests.
In addition, as we have previously indicated, placing the burden upon the Department to show good cause by clear and convincing evidence why it should not follow the wishes of the natural parent regarding placement of the child provides additional safeguards of the parent's right.
*612The second Krause factor is the risk that the State's chosen procedure will result in wrongful deprivation of parental rights.
In order for a court to declare a child dependent, the court must find by a preponderance of the evidence that the child meets one of the statutory definitions of dependency. RCW 13.34.130. The Court of Appeals upheld the preponderance of the evidence standard against a due process challenge. In re Chubb, 46 Wn. App. 530, 731 P.2d 537 (1987). In so holding, the court applied the same 3-part test enunciated above. 46 Wn. App. at 536-37.
The court in Chubb cited three factors as supporting its conclusion that there is a minimal risk of error. First, the dependency determination is reviewable every 6 months. See RCW 13.34.130(5). Second, the dependency determination is reversible. Third, dependency cannot ripen into a termination of parental rights absent clear and convincing evidénce sufficient to meet the requirements of RCW 13.34.180. 46 Wn. App. at 536. Thus, the court concluded, there is a minimal risk of error. 46 Wn. App. at 536; accord, Krause, 47 Wn. App. at 740. A fourth factor present in this case is that the parent may terminate the dependency at any time inasmuch as it is a consensual proceeding under the applicable statute.
The last Krause factor, that of the State's interest, has been previously addressed. The fiscal penalties to this State, should it not follow the federal guidelines, are for legislative recognition and solution.
The appellant also assigns numerous errors to the lower court's findings of fact. She does not, however, cite any authority or provide any analysis or argument as to why she challenges those findings. We treat the assignments of error, therefore, as challenges to the sufficiency of the evidence and find that the evidence is more than adequate to support the trial court's findings.
Two of the social workers familiar with the case testified that Ms. Key could not take care of Kirsten in her home *613without additional support. Ms. Key admitted that the foster mother is better able to care for Kirsten's physical needs. While Ms. Key did take care of Kirsten at one time, that was prior to the development of many of the medical problems Kirsten now faces. Ms. Key placed her daughter in foster care on at least three different occasions specifically because she could not provide for all of Kirsten's needs.
A third social worker and Kirsten's guardian ad litem both testified it was in Kirsten's best interest to stay in the foster home. Ms. Key testified that Kirsten needs the stability the foster home provides in order to be healthy. Due to that stability, Kirsten has gained weight and is healthier when she is in her foster mother's care.
There is substantial evidence to support the finding of dependency. The appellant's constitutional rights have been adequately protected. We affirm the opinion of the Benton County Superior Court.
Dore, C.J., and Dolliver, Smith, Guy, and Johnson, JJ., concur.
Repealed by Laws of 1988, ch. 176, § 1005. The definition is now contained in RCW 71A.10.020. The parties do not dispute that Kirsten meets the statutory definition of developmentally disabled.
Testimony of social worker Ruth Fabian; Report of Proceedings, at 88.
Testimony of Marsha Rollings, case manager for the Division of Developmental Disabilities; Report of Proceedings, at 129.
Opinion of Aldisert, J.
Opinion of Rosenn, J.
Opinion of Sloviter, J.