title: RCW 13.34.237

text:
(1) Notwithstanding the provisions of chapter 13.36 RCW, a dependency guardianship established by court order under this chapter and in force on June 10, 2010, shall remain subject to the provisions of this chapter unless: (a) The dependency guardianship is modified or terminated under the provisions of this chapter; or (b) the dependency guardianship is converted by court order to a guardianship pursuant to a petition filed under RCW 13.36.030.
(2) A dependency guardian or the department or *supervising agency may request the juvenile court to convert a dependency guardianship established under this chapter to a guardianship under chapter 13.36 RCW by filing a petition under RCW 13.36.030. If both the dependency guardian and the department or *supervising agency agree that the dependency guardianship should be converted to a guardianship under this chapter, and if the court finds that such conversion is in the child's best interests, the court shall grant the petition and enter an order of guardianship in accordance with RCW 13.36.050.
(3) The court shall dismiss the dependency established under this chapter upon the entry of a guardianship order under chapter 13.36 RCW.
[ 2010 c 272 s 11.]
Notes:
*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 s 3.

catchline: Guardianship for dependent child—Subject to dependency and termination of parent-child relationship provisions—Exceptions—Request to convert dependency guardianship to guardianship—Dismissal of dependency.


doc_type: statute

jurisdiction: wa

title: RCW 13.34.240

text:
The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of any Indian tribe or band in any proceeding brought pursuant to this chapter to the same extent that full faith and credit is given to the public acts, records, and judicial proceedings of any other state.
[ 1979 c 155 s 52.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Acts, records, and proceedings of Indian tribe or band given full faith and credit.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 13.34.245

text:
(1) Where any parent or Indian custodian voluntarily consents to foster care placement of an Indian child and a petition for dependency has not been filed regarding the child, such consent shall not be valid unless executed in writing before the court and filed with the court. The consent shall be accompanied by the written certification of the court that the terms and consequences of the consent were fully explained in detail to the parent or Indian custodian during the court proceeding and were fully understood by the parent or Indian custodian. The court shall also certify in writing either that the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of the Indian child shall not be valid.
(2) To obtain court validation of a voluntary consent to foster care placement, any person may file a petition for validation alleging that there is located or residing within the county an Indian child whose parent or Indian custodian wishes to voluntarily consent to foster care placement of the child and requesting that the court validate the consent as provided in this section. The petition shall contain the name, date of birth, and residence of the child, the names and residences of the consenting parent or Indian custodian, and the name and location of the Indian tribe in which the child is a member or eligible for membership. The petition shall state whether the placement preferences of 25 U.S.C. Sec. 1915 (b) or (c) will be followed. Reasonable attempts shall be made by the petitioner to ascertain and set forth in the petition the identity, location, and custodial status of any parent or Indian custodian who has not consented to foster care placement and why that parent or Indian custodian cannot assume custody of the child.
(3) Upon filing of the petition for validation, the clerk of the court shall schedule the petition for a hearing on the court validation of the voluntary consent no later than forty-eight hours after the petition has been filed, excluding Saturdays, Sundays, and holidays. Notification of time, date, location, and purpose of the validation hearing shall be provided as soon as possible to the consenting parent or Indian custodian, the department which is to assume responsibility for the child's placement and care pursuant to the consent to foster care placement, and the Indian tribe in which the child is enrolled or eligible for enrollment as a member. If the identity and location of any nonconsenting parent or Indian custodian is known, reasonable attempts shall be made to notify the parent or Indian custodian of the consent to placement and the validation hearing. Notification under this subsection may be given by the most expedient means, including, but not limited to, mail, personal service, telephone, and telegraph.
(4) Any parent or Indian custodian may withdraw consent to a voluntary foster care placement, made under this section, at any time. Unless the Indian child has been taken in custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130, the Indian child shall be returned to the parent or Indian custodian upon withdrawal of consent to foster care placement of the child.
(5) Upon termination of the voluntary foster care placement and return of the child to the parent or Indian custodian, the department which had assumed responsibility for the child's placement and care pursuant to the consent to foster care placement shall file with the court written notification of the child's return and shall also send such notification to the Indian tribe in which the child is enrolled or eligible for enrollment as a member and to any other party to the validation proceeding including any noncustodial parent.
[ 2018 c 284 s 24; 2009 c 520 s 39; 1997 c 386 s 18; 1987 c 170 s 2.]
Notes:
Application—1997 c 386: See note following RCW 13.50.010.
Severability—1987 c 170: See note following RCW 13.04.030.

catchline: Voluntary consent to foster care placement for Indian child—Validation—Withdrawal of consent—Termination.


title: RCW 13.34.260

text:
(1) 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 with a relative or other suitable person pursuant to RCW 13.34.130. Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and shall be integrated through the foster care team.
(2) When a child is placed in out-of-home care, relatives, other suitable persons, and foster parents are encouraged to:
(a) Provide consultation to the foster care team based upon their experience with the child placed in their care;
(b) Assist the birth parents by helping them understand their child's needs and correlating appropriate parenting responses;
(c) Participate in educational activities, and enter into community-building activities with birth families and other foster families;
(d) Transport children to family time visits with birth families and assist children and their families in maximizing the purposefulness of family time.
(3) For purposes of this section:
(a) "Foster care team" means the relative, other suitable person, or foster parent currently providing care, the currently assigned department employee, and the parent or parents; and
(b) "Birth family" means the persons described in RCW 74.15.020(2)(a).
[ 2011 c 89 s 5; 2009 c 491 s 5; 2003 c 226 s 2; 2002 c 52 s 7; 2000 c 122 s 32; 1990 c 284 s 25.]
Notes:
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Findings—Intent—2003 c 226: "The legislature finds that a large group of children spend a significant part of their lives in foster care. Each individual connected to a child in an out-of-home placement must have an abiding appreciation of the seriousness of the child's separation from his or her family and the past, whether that separation is short, long, or permanent in nature. It is the intent of the legislature to recognize and honor the history and the family connections that each child brings to an out-of-home placement.
The legislature finds that creating and sanctioning a connection between a child's birth parents and foster family, when appropriate, can result in better relationships among birth families, children, foster families, and social workers. Creating and sanctioning this connection can result in greater foster placement stability and fewer disruptions for children, as well as greater satisfaction for foster parents and social workers." [ 2003 c 226 s 1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged.


title: RCW 13.34.265

text:
If a child has been previously placed in out-of-home care and is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or other suitable person, the preferred placement for the child is in a foster family home where the child previously was placed, if the following conditions are met:
(1) The foster family home is available and willing to care for the child;
(2) The foster family is appropriate and able to meet the child's needs; and
(3) The placement is in the best interest of the child.
[ 2009 c 482 s 2.]

catchline: Foster home placement—Considerations.


title: RCW 13.34.267

text:
(1) In order to facilitate the delivery of extended foster care services, the court, upon the agreement of the youth to participate in the extended foster care program, shall maintain the dependency proceeding for any youth who is dependent at the age of 18 years until the youth turns 21 or withdraws their agreement to participate.
(2) For the purposes of pursuing federal reimbursement only, the department may request judicial findings that a youth is:
(a) Enrolled in a secondary education program or a secondary education equivalency program;
(b) Enrolled and participating in a postsecondary academic or postsecondary vocational program, or has applied for and can demonstrate that he or she intends to timely enroll in a postsecondary academic or postsecondary vocational program;
(c) Participating in a program or activity designed to promote employment or remove barriers to employment;
(d) Engaged in employment for 80 hours or more per month; or
(e) Not able to engage in any of the activities described in (a) through (d) of this subsection due to a documented medical condition.
(3) When the court maintains the dependency proceeding of a youth pursuant to subsection (1) of this section, the youth is eligible to receive extended foster care services pursuant to RCW 74.13.031, subject to the youth's continuing agreement to participate.
(4) A dependent youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian must be dismissed from the dependency proceeding when the youth reaches the age of 18.
(5) The court shall dismiss the dependency proceeding for any youth who is a dependent and who, at the age of 18 years, does not agree to participate in the program.
(6) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services. The department may establish foster care rates appropriate to the needs of the youth participating in extended foster care services. The department's placement and care authority over a youth receiving extended foster care services is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving extended foster care services.
(7)(a) If a youth does not already have counsel, the court shall appoint counsel to represent a youth, as defined in RCW 13.34.030(2)(b), in dependency proceedings under this section. Subject to amounts appropriated, the state shall pay the costs of legal services provided by an attorney appointed pursuant to this subsection based on the phase-in schedule outlined in RCW 13.34.212, provided that the legal services are provided in accordance with the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
(b) In cases where the statewide children's legal representation program provides funding and where consistent with its administration and oversight responsibilities, the statewide children's legal representation program should prioritize continuity of counsel for children who are already represented at county expense when the statewide children's legal representation program becomes effective in a county. The statewide children's legal representation program shall coordinate with relevant county stakeholders to determine how best to prioritize continuity of counsel.
(8) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138 and 13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age 18 to 21 years. Additionally, the court shall consider:
(a) Whether the youth is safe in his or her placement;
(b) Whether the current placement is developmentally appropriate for the youth;
(c) The youth's development of independent living skills; and
(d) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.
(9) Prior to the review hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.
[ 2024 c 192 s 3; 2021 c 210 s 10; 2018 c 34 s 1; 2015 c 240 s 1; 2014 c 122 s 1; 2013 c 332 s 4; 2012 c 52 s 4; 2011 c 330 s 7.]
Notes:
Findings—Intent—2024 c 192: See note following RCW 13.34.030.
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
Effective date—2018 c 34: "This act takes effect July 1, 2018." [ 2018 c 34 s 6.]
Effective date—2015 c 240: "This act takes effect July 1, 2016." [ 2015 c 240 s 6.]
Effective date—2014 c 122: "This act takes effect March 1, 2015." [ 2014 c 122 s 3.]
Findings—2013 c 332: "(1) The legislature finds that the federal fostering connections to success and increasing adoptions act of 2008 provides important new opportunities to increase the impact of state funding through maximizing the amount of federal funding available to promote permanency and positive outcomes for dependent youth.
(2) The legislature also finds that children and adolescents who are legal dependents of Washington state have experienced significant trauma and loss, putting them at increased risk for poor life outcomes. Longitudinal research on the adult functioning of former foster youth indicates a disproportionate likelihood that youth aging out of foster care and those who spent several years in care will experience poor outcomes in a variety of areas, including limited human capital upon which to build economic security and inability to fully take advantage of secondary and postsecondary educational opportunities, untreated mental or behavioral health problems, involvement in the criminal justice and corrections systems, and early parenthood combined with second-generation child welfare involvement.
(3) The legislature further finds that research also demonstrates that access to adequate and appropriate supports during the period of transition from foster care to independence can have significant positive impacts on adult functioning and can improve outcomes relating to educational attainment and postsecondary enrollment, employment and earnings, and reduced rates of teen pregnancies." [ 2013 c 332 s 1.]
Recommendations—2013 c 332: "No later than September 1, 2013, the department of social and health services shall develop recommendations regarding the needs of dependent youth in juvenile rehabilitation administration institutions and report those recommendations to the governor and appropriate legislative committees. The report must include specific recommendations regarding how these youth may access services under the extended foster care program. The recommendations must be developed by the children's administration and the juvenile rehabilitation administration in consultation with youth who have been involved with the juvenile rehabilitation administration and representatives from community stakeholders and the courts." [ 2013 c 332 s 14.]
Application—2013 c 332: "This act applies prospectively only and not retroactively. It applies to:
(1) Dependency matters that have an open court case on July 28, 2013; and
(2) Dependency matters for which a petition is filed on or after July 28, 2013." [ 2013 c 332 s 15.]
Intent—2012 c 52: See note following RCW 74.13.031.
Intent—2011 c 330: See note following RCW 13.04.011.

catchline: Extended foster care services—Maintenance of dependency proceeding—Placement, care of youth—Appointment of counsel—Case plan.


title: RCW 13.34.268

text:
(1)(a) If a youth prior to reaching age twenty-one years requests extended foster care services from the department pursuant to RCW 74.13.336, and the department declines to enter into a voluntary placement agreement with the youth, the department must provide written documentation to the youth which contains:
(i) The date that the youth requested extended foster care services;
(ii) The department's reasons for declining to enter into a voluntary placement agreement with the youth and the date of the department's decision; and
(iii) Information regarding the youth's right to ask the court to establish a dependency for the purpose of providing extended foster care services and his or her right to counsel to assist in making that request.
(b) The written documentation pursuant to (a) of this subsection must be provided to the youth within ten days of the department's decision not to enter into a voluntary placement agreement with the youth.
(2)(a) A youth seeking to participate in extended foster care after being declined by the department under subsection (1) of this section may file a notice of intent to file a petition for dependency, asking the court to determine his or her eligibility for extended foster care services, and to enter an order of dependency. If the youth chooses to file such notice, it must be filed within thirty days of the date of the department's decision.
(b) Upon filing the notice, the youth must be provided counsel at no cost to him or her. Upon receipt of the youth's petition, the court must set a hearing date to determine whether the petition should be granted.
[ 2018 c 34 s 2; 2013 c 332 s 6.]
Notes:
Effective date—2018 c 34: See note following RCW 13.34.267.
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.

catchline: Extended foster care services—Voluntary placement agreement—Decline—Petition for dependency.


title: RCW 13.34.270

text:
(1) Whenever the department of social and health services places a child with a developmental disability in out-of-home care pursuant to *RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.
(2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability and that the child has been placed in out-of-home care pursuant to *RCW 74.13.350. The petition shall request that the court review the child's placement, make a determination whether continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this section. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order under chapter 11.130 RCW has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order under chapter 11.130 RCW has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care and maintenance of a child with a developmental disability, placed in care as a result of an action under this chapter, the department shall refer the case to the division of child support, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child.
(8) This section does not prevent the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.
(9) For purposes of this section, unless the context clearly requires otherwise, "department" means the department of social and health services.
[ 2020 c 312 s 725; 2019 c 470 s 1; 2004 c 183 s 2; 2000 c 122 s 33; 1998 c 229 s 2; 1997 c 386 s 19.]
Notes:
Reviser's note:*(1) RCW 74.13.350 was recodified as RCW 71A.28.010 pursuant to 2020 c 41 s 6.
(2) RCW 13.34.270 was amended by 2020 c 312 s 725 without cognizance of its repeal by 2020 c 41 s 5. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2004 c 183: See note following RCW 13.34.160.
Application—1997 c 386: See note following RCW 13.50.010.
PDF
RCW 13.34.270
Child with developmental disability—Out-of-home placement—Permanency planning hearing.
[ 2019 c 470 s 1; 2004 c 183 s 2; 2000 c 122 s 33; 1998 c 229 s 2; 1997 c 386 s 19.]
Notes:
Reviser's note: RCW 13.34.270 was amended by 2020 c 312 s 725 without cognizance of its repeal by 2020 c 41 s 5. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.


title: RCW 13.34.300

text:
The legislature finds that it is the responsibility of the custodial parent, parents or guardian to ensure that children within the custody of such individuals attend school as provided for by law. To this end, while a parent's failure to cause a juvenile to attend school should not alone provide a basis for a neglect petition against the parent or guardian, when a neglect petition is filed on the basis of other evidence, a parent or guardian's failure to take reasonable steps to ensure that the juvenile attends school may be relevant to the question of the appropriate disposition of a neglect petition.
[ 2000 c 122 s 34; 1979 ex.s. c 201 s 3.]

catchline: Relevance of failure to cause juvenile to attend school to neglect petition.


title: RCW 13.34.315

text:
Whenever a child is ordered removed from his or her home pursuant to this chapter, the agency charged with his or her care may authorize an evaluation and treatment for the child's routine and necessary medical, dental, or mental health care, and all necessary emergency care.
[ 2006 c 221 s 2.]
Notes:
Finding—2006 c 221: "The legislature recognizes that foster children have enhanced health care needs and that it is necessary to improve the system of providing health care for foster children. The legislature further recognizes the importance of meeting the mental health needs of children in foster care, as well as their medical and dental health care needs. The legislature finds that there must be greater coordination and integration of systems, in particular coordination between children's administration and the health and recovery services administration as well as other agencies that provide or pay for health services for foster youth, to ensure that the health care needs of children in foster care are met in a timely manner." [ 2006 c 221 s 1.]

catchline: Health care—Evaluation and treatment.


title: RCW 13.34.320

text:
The department shall obtain the prior consent of a child's parent, legal guardian, or legal custodian before a dependent child is admitted into an inpatient mental health treatment facility. If the child's parent, legal guardian, or legal custodian is unavailable or does not agree with the proposed admission, the department shall request a hearing and provide notice to all interested parties to seek prior approval of the juvenile court before such admission. In the event that an emergent situation creating a risk of substantial harm to the health and welfare of a child in the custody of the department does not allow time for the department to obtain prior approval or to request a court hearing before consenting to the admission of the child into an inpatient mental health hospital, the department shall seek court approval by requesting that a hearing be set on the first available court date.
[ 2018 c 284 s 25; 2009 c 520 s 40; 1999 c 188 s 2.]
Notes:
Intent—1999 c 188: "It is the intent of the legislature that minor children in the care and custody of the department of social and health services under chapter 13.34 RCW be provided the most appropriate possible mental health care consistent with the child's best interests, family reconciliation, the child's medical need for mental health treatment, available state and community resources, and professional standards of medical care. The legislature intends that admission of such minors for mental health hospitalization be made pursuant to the criteria and standards for mental health services for minors established in chapter 71.34 RCW, and that minor children in the care and custody of the department in need of mental health hospitalization shall retain all rights set forth therein. The legislature specifically intends that this act may not be construed to affect the standards or procedures established for the involuntary commitment of minors under chapter 71.34 RCW." [ 1999 c 188 s 1.]

catchline: Inpatient mental health treatment—When parental consent required—Hearing.


title: RCW 13.34.330

text:
A dependent child who is admitted to an inpatient mental health facility shall be placed in a facility, with available treatment space, that is closest to the family home, unless the department, in consultation with the admitting authority finds that admission in the facility closest to the child's home would jeopardize the health or safety of the child.
[ 2018 c 284 s 26; 2009 c 520 s 41; 1999 c 188 s 3.]
Notes:
Intent—1999 c 188: See note following RCW 13.34.320.

catchline: Inpatient mental health treatment—Placement.


title: RCW 13.34.340

text:
For minors who cannot consent to the release of their records with the department because they are not old enough to consent to treatment, or, if old enough, lack the capacity to consent, or if the minor is receiving treatment involuntarily with a provider the department has authorized to provide mental health treatment under RCW 13.34.320, the department shall disclose, upon the treating physician's request, all relevant records, including the minor's passport as established under RCW 74.13.285, in the department's possession that the treating physician determines contain information required for treatment of the minor. The treating physician shall maintain all records received from the department in a manner that distinguishes the records from any other records in the minor's file with the treating physician and the department records may not be disclosed by the treating physician to any other person or entity absent a court order except that, for medical purposes only, a treating physician may disclose the department records to another treating physician.
[ 2018 c 284 s 27; 2009 c 520 s 42; 2000 c 122 s 35; 1999 c 188 s 4.]
Notes:
Intent—1999 c 188: See note following RCW 13.34.320.

catchline: Release of records—Disclosure to treating physician.


title: RCW 13.34.350

text:
In order to facilitate communication of information needed to serve the best interest of any child who is the subject of a dependency case filed under this chapter, the department shall, consistent with state and federal law governing the release of confidential information, establish guidelines, and shall use those guidelines for the facilitation of communication of relevant information among divisions, providers, the courts, the family, caregivers, caseworkers, and others.
[ 2009 c 520 s 43; 2001 c 52 s 2.]
Notes:
Finding—2001 c 52: "Recent analysis of the child dependency system following the death of Zy'Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within programs between caseworkers, between divisions, among specialists, caregivers, and family. Appropriate service delivery necessitates communication of relevant information. Barriers to appropriate communication must be eliminated." [ 2001 c 52 s 1.]
Construction—2001 c 52: "Nothing in this act shall be construed to create a private right of action or claim against the department of social and health services on the part of any individual or organization." [ 2001 c 52 s 4.]


title: RCW 13.34.360

text:
(1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency department of a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation; (ii) a fire station during its hours of operation and while fire personnel are present; or (iii) a federally designated rural health clinic during its hours of operation.
(b) "Newborn" means a live human being who is less than seventy-two hours old.
(c) "Qualified person" means (i) any person that the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or medical staff member of the hospital or federally designated rural health clinic and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs; or (ii) a firefighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080, 26.20.030, or 26.20.035.
(3)(a) The qualified person at an appropriate location shall not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) The qualified person at an appropriate location shall attempt to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent to anonymously give the qualified person such information as the parent knows about the family medical history of the parents and the newborn. The qualified person at an appropriate location shall provide referral information about adoption options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a qualified person at an appropriate location pursuant to this section, the qualified person shall cause child protective services to be notified within twenty-four hours after receipt of such a newborn. Child protective services shall assume custody of the newborn within twenty-four hours after receipt of notification.
(d) A federally designated rural health clinic is not required to provide ongoing medical care of a transferred newborn beyond that already required by law and may transfer the newborn to a hospital licensed under chapter 70.41 RCW. The federally designated rural health clinic shall notify child protective services of the transfer of the newborn to the hospital.
(e) A hospital, federally designated rural health clinic, or fire station, its employees, volunteers, and medical staff are immune from any criminal or civil liability for accepting or receiving a newborn under this section.
(4)(a) Beginning July 1, 2011, an appropriate location shall post a sign indicating that the location is an appropriate place for the safe and legal transfer of a newborn.
(b) To cover the costs of acquiring and placing signs, appropriate locations may accept nonpublic funds and donations.
(5) The department shall collect and compile information concerning the number of newborns transferred under this section after June 7, 2018. The department shall report its findings to the public annually, which may be on its website, beginning July 31, 2018.
[ 2018 c 182 s 2; 2009 c 290 s 1; 2002 c 331 s 2.]
Notes:
Findings—Intent—2018 c 182: "The legislature finds that on February 12, 2014, the body of a newborn girl was found near the side of a road in North Bend, Washington, wrapped in a blanket. The newborn was less than half a mile away from Snoqualmie valley hospital, a location where infants can be safely and anonymously surrendered under Washington state's safety of newborn children law. The legislature further finds that while national estimates are that safe surrender laws across the country have saved well over one thousand infants in the past decade, surprisingly little is known about how many abandonment incidents occur and how many could have been or have been prevented through safe surrender laws.
The legislature further finds that no newborn should be abandoned to die alone and hungry as its first and only exposure to the world, any life that can be saved under the safety of the newborn children law is worth saving, and understanding the characteristics of newborn abandonment and knowing when and where they occur is crucial for developing effective public awareness strategies to make caregivers aware of the state's safe surrender option. The legislature further finds that while existing state law requires persons receiving infants under the safety of newborn children law to notify child protective services, which is situated within the Washington state department of social and health services children's administration, within twenty-four hours, there is no statutory requirement for the department of social and health services to report data on surrendered newborns. The legislature therefore intends to require the department of social and health services to provide consistent tracking and regular public reporting of safe surrender information statewide and to regularly publish information on safe surrenders." [ 2018 c 182 s 1.]
Intent—2002 c 331: "The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. The legislature recognizes that prenatal and postdelivery health care for newborns and their mothers is especially critical to their survival and well-being. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life." [ 2002 c 331 s 1.]
Effective date—2002 c 331: "Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 3, 2002]." [ 2002 c 331 s 9.]

catchline: Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—Definitions.


title: RCW 13.34.370

text:
The court may order expert evaluations of parties to obtain information regarding visitation issues or other issues in a case. These evaluations shall be performed by appointed evaluators who are mutually agreed upon by the court, the department, and the parents' counsel, and, if the child is to be evaluated, by the representative for the child. If no agreement can be reached, the court shall select the expert evaluator.
[ 2018 c 284 s 28; 2009 c 520 s 44; 2004 c 146 s 2.]

catchline: Evaluation of parties—Selection of evaluators.


title: RCW 13.34.380

text:
The department shall develop consistent policies and protocols, based on current relevant research, concerning visitation for dependent children to be implemented consistently throughout the state. The department shall develop the policies and protocols in consultation with researchers in the field, community-based agencies, court-appointed special advocates, parents' representatives, and court representatives. The policies and protocols shall include, but not be limited to: The structure and quality of visitations; consultation with the assigned law enforcement officer in the event the parent or sibling of the child is identified as a suspect in an active criminal investigation for a violent crime that, if the allegations are true, would impact the safety of the child; and training for department caseworkers, visitation supervisors, and foster parents related to visitation.
The policies and protocols shall be consistent with the provisions of this chapter and implementation of the policies and protocols shall be consistent with relevant orders of the court.
[ 2018 c 284 s 29; 2013 c 254 s 3; 2009 c 520 s 45; 2004 c 146 s 3.]

catchline: Visitation policies and protocols—Development—Elements.


title: RCW 13.34.385

text:
(1) A relative of a dependent child may petition the juvenile court for reasonable visitation with the child if:
(a) The child has been found to be a dependent child under this chapter;
(b) The parental rights of both of the child's parents have been terminated;
(c) The child is in the custody of the department or another public agency; and
(d) The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the petition for visitation is filed.
(2) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department, other public agency, or agency having custody of the child, the child's attorney or guardian ad litem if applicable, and the child. The court shall also order the custodial agency to give prior notice of any hearing to the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
(3) The juvenile court may grant the petition for visitation if it finds that the requirements of subsection (1) of this section have been met, and that unsupervised visitation between the child and the relative does not present a risk to the child's safety or well-being and that the visitation is in the best interests of the child. In determining the best interests of the child the court shall consider, but is not limited to, the following:
(a) The love, affection, and strength of the relationship between the child and the relative;
(b) The length and quality of the prior relationship between the child and the relative;
(c) Any criminal convictions for or founded history of abuse or neglect of a child by the relative;
(d) Whether the visitation will present a risk to the child's health, welfare, or safety;
(e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference;
(f) Any other factor relevant to the child's best interest.
(4) The visitation order may be modified at any time upon a showing that the visitation poses a risk to the child's safety or well-being. The visitation order shall state that visitation will automatically terminate upon the child's placement in a preadoptive home, if the child is adopted, or if there is a subsequent founded abuse or neglect allegation against the relative.
(5) The granting of the petition under this section does not grant the relative the right to participate in the dependency action and does not grant any rights to the relative not otherwise specified in the visitation order.
(6) This section is retroactive and applies to any eligible dependent child at the time of the filing of the petition for visitation, regardless of the date parental rights were terminated.
(7) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020(2)(a), except parents.
(8) This section is intended to provide an additional procedure by which a relative may request visitation with a dependent child. It is not intended to impair or alter the ability a court currently has to order visitation with a relative under the dependency statutes.
[ 2018 c 284 s 30; 2009 c 520 s 46; 2008 c 259 s 1.]

catchline: Petition for visitation—Relatives of dependent children—Notice—Modification of order—Effect of granting the petition—Retroactive application.


title: RCW 13.34.390

text:
The department and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected mothers and infants. Subject to funds appropriated for this purpose, the expansion shall be in evidence-based, research-based, or consensus-based practices, and shall expand capacity in underserved regions of the state.
[ 2009 c 520 s 47; 2005 c 504 s 303.]
Notes:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.

catchline: Comprehensive services for drug-affected and alcohol-affected mothers and infants.


title: RCW 13.34.400

text:
In any proceeding under this chapter, if the department submits a report to the court in which the department is recommending a new placement or a change in placement, the department shall include the documents relevant to persons in the home in which a child will be placed and listed in subsections (1) through (5) of this section to the report. The department shall include only these relevant documents and shall not attach the entire history of the subject of the report.
(1) If the report contains a recommendation, opinion, or assertion by the department relating to substance abuse treatment, mental health treatment, anger management classes, or domestic violence classes, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report or evaluation submitted by the provider, but may not include the entire history with the provider.
(2) If the report contains a recommendation, opinion, or assertion by the department or agency relating to visitation with a child, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the most recent visitation report, a visitation report referencing a specific incident alleged in the report, or summary of the visitation prepared by the person who supervised the visitation. The documentation attached to the report shall not include the entire visitation history.
(3) If the report contains a recommendation, opinion, or assertion by the department relating to the psychological status of a person, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report, evaluation, or summary submitted by the provider, but shall not include the entire history of the person.
(4) If the report contains a recommendation, opinion, or assertion by the department relating to injuries to a child, the department shall attach a summary of the physician's report, prepared by the physician or the physician's designee, relating to the recommendation, opinion, or assertion by the department.
(5) If the report contains a recommendation, opinion, or assertion by the department relating to a home study, licensing action, or background check information, the department shall attach the document or documents upon which that recommendation, opinion, or assertion is based.
[ 2018 c 284 s 31; 2009 c 520 s 48; 2007 c 411 s 2.]
Notes:
Finding—2007 c 411: "The legislature finds that in order to allow courts to make well-informed placement decisions for children in the care of the state, the courts must have accurate information, including documentation supporting assertions or recommendations made by social workers, when appropriate." [ 2007 c 411 s 1.]
Short title—2007 c 411: "This act shall be known and cited as the Rafael Gomez act." [ 2007 c 411 s 3.]


title: RCW 13.34.410

text:
In the event a judge orders a parent to undergo a psychosexual evaluation, and pending the outcome of the evaluation, the department, subject to the approval of the court, may reassess visitation duration, supervision, and location, if appropriate. If the assessment indicates the current visitation plan is contrary to the child's health, safety, or welfare, the department, subject to approval by the court, may alter the visitation plan pending the outcome of the investigation.
[ 2013 c 254 s 4.]

catchline: Psychosexual evaluation.


title: RCW 13.34.420

text:
A qualified residential treatment program as defined in this chapter must meet the following requirements:
(1) Use a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances; and
(2) Be able to implement treatment for the child that is identified in an assessment that:
(a) Is completed by a trained professional or licensed clinician who is a "qualified individual" as that term is defined under the federal family first prevention services act;
(b) Assesses the strengths and needs of the child; and
(c) Determines whether the child's needs can be met with family members or through placement in a foster family home or, if not, which available placement setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the child's permanency plan.
[ 2019 c 172 s 3.]
Notes:
Effective date—2019 c 172 ss 3, 4, and 10-15: "Sections 3, 4, and 10 through 15 of this act take effect October 1, 2019." [ 2019 c 172 s 19.]

catchline: Qualified residential treatment program—Requirements.


title: RCW 13.34.425

text:
If a child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within sixty days of placement, hold a hearing to:
(1) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
(2) Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
(3) Approve or disapprove the child's placement in the qualified residential treatment program.
[ 2019 c 172 s 14.]
Notes:
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.

catchline: Qualified residential treatment program—Placement—Hearing.


title: RCW 13.34.430

text:
A social study as defined in this chapter must contain the following information:
(1) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(2) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;
(3) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the prevention services, including housing assistance, that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(4)(a) If the child is placed, for at least thirty days, in a qualified residential treatment program as defined in this chapter, a copy of the assessment described in RCW 13.34.420.
(b) As long as the child remains placed in a qualified residential treatment program and the department anticipates that the child will remain in this placement for at least sixty days, or if the child has already been in this placement for at least sixty days, the social study must also include the following information sufficient for the juvenile court to determine at each status hearing concerning the child:
(i) Whether ongoing assessment of the child's strengths and needs continues to support the determination that the child's needs cannot be met through placement in a foster family home;
(ii) Whether the child's placement provides the most effective and appropriate level of care in the least restrictive environment;
(iii) Whether the placement is consistent with the child's permanency plan;
(iv) What specific treatment or service needs will be met in the placement, and how long the child is expected to need the treatment or services; and
(v) What efforts the department has made to prepare the child to return home or be placed with a fit and willing relative as defined in RCW 13.34.030, a Title 13 RCW legal guardian, an adoptive parent, or in a foster family home;
(5) A statement of the likely harms the child will suffer as a result of removal;
(6) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
(7) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
[ 2019 c 172 s 4.]
Notes:
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.

catchline: Social study—Required information.


title: RCW 13.34.435

text:
(1) The Washington state center for court research of the administrative office of the courts shall convene stakeholders, including youth and young adults, to identify the relevant outcome measures and data collection methods that appropriately protect attorney-client privilege to effectively assess:
(a) The number of youth for whom attorneys are appointed pursuant to RCW 13.34.212(3); and
(b) The short and longitudinal impact of standards-based legal representation on case outcomes including family reunification, number of placement changes, and placement with kin of appointment of standards-based representation disaggregated by race, ethnicity, age, disability status, sexual and gender identity, and geography.
(2) By November 30, 2022, and in compliance with RCW 43.01.036, the Washington state center for court research of the administrative office of the courts shall submit an annual report to the appropriate committees of the legislature and the governor outlining the outcome measures identified under this section.
[ 2021 c 210 s 8.]
Notes:
Findings—Intent—2021 c 210: See note following RCW 13.34.090.

catchline: Washington state center for court research—Attorney-client privilege.


title: RCW 13.34.440

text:
Where feasible, the department of children, youth, and families shall apply for federal waivers that would reimburse the department for the cost of providing maintenance payments for relatives or other suitable persons caring for a child who have indicated a desire to become a licensed foster parent, provided that the person has received an initial license from the department.
[ 2021 c 211 s 11.]
Notes:
Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.

catchline: Federal waivers.


title: RCW 13.34.800

text:
To the extent funds are appropriated, the department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances or abuse of alcohol by the mother during pregnancy. Within available funds, the project may be offered in one site in each of the three department's administrative regions that have the highest incidence of drug-affected or alcohol-affected infants annually. The project shall accept women referred to it by the department following the birth of a drug-affected or alcohol-affected infant. The model project shall be concluded by July 1, 2002.
[ 1998 c 314 s 30.]
Notes:
Effective date—1998 c 314: "Sections 18 through 24, 26 through 28, 30 through 39, and 41 through 44 of this act take effect January 1, 1999." [ 1998 c 314 s 46.]

catchline: Drug-affected and alcohol-affected infants—Model project.


title: RCW 13.34.801

text:
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother's nonprescription use of controlled substances.
[ 1998 c 314 s 25.]

catchline: Rules—Definition of "drug-affected infant."


title: RCW 13.34.802

text:
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "alcohol-affected infant," which shall be limited to infants who are affected by a mother's abuse of alcohol.
[ 1998 c 314 s 29.]

catchline: Rules—Definition of "alcohol-affected infant."


title: RCW 13.34.820

text:
(1) The administrative office of the courts, in consultation with the attorney general's office and the department, shall compile an annual report, providing information about cases that fail to meet statutory guidelines to achieve permanency for dependent children.
(2) The administrative office of the courts shall submit the annual report required by this section to appropriate committees of the legislature by December 1st of each year, beginning on December 1, 2007. The administrative office of the courts shall also submit the annual report to a representative of the foster parent association of Washington state.
(3) The annual report shall include information regarding whether foster parents received timely notification of dependency hearings as required by RCW 13.34.096 and 13.34.145 and whether caregivers submitted reports to the court.
(4) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall, in consultation with others, identify measures of relational permanency and child well-being and shall report to the legislature by July 1, 2025, in compliance with RCW 43.01.036, the following information:
(a) A plan for reporting on child well-being and relational permanency;
(b) A plan for tracking and reporting on whether an order or portion of an order was agreed or contested, and if contested, by which party or parties;
(c) How to make such information publicly available;
(d) What can be reported using existing data;
(e) What additional information should be collected;
(f) What data-sharing agreements are necessary to ensure an accurate picture of the needs of families in the dependency system; and
(g) How many children in dependency have incarcerated parents.
(5) In making these determinations the administrative office of the courts must consult with representatives who have knowledge of data collection systems from the office of the superintendent of public instruction; the health care authority; the department of children, youth, and families; the department of social and health services; the department of corrections; tribal data experts; and any other entity holding relevant data or expertise.
(6) Consistent with RCW 13.50.280, to collect data necessary to evaluate the relational permanency and well-being of dependent children, the administrative office of the courts may execute data-sharing agreements with the office of the superintendent of public instruction, the health care authority, the department of children, youth, and families, the department of corrections, and the department of social and health services.
[ 2024 c 326 s 2; 2017 3rd sp.s. c 6 s 309; 2016 c 180 s 2; 2007 c 410 s 6.]
Notes:
Implementation—2024 c 326: "Dependency courts should work to ensure the well-being of dependent children and to ensure that every young person who leaves foster care has relational permanency – meaning they have various long-term relationships that help them feel loved and connected. This includes relationships with siblings, parents, family members, extended family, family friends, mentors, tribes, and where appropriate, former foster family members.
Legal permanency, achieved through reunification, guardianship, or adoption is important, but it is not the only way to provide a sense of belonging and meaningful connections for young people. The federal children's bureau has cautioned that, legal permanence alone does not guarantee secure attachments and lifelong relationships. The relational aspects of permanency are critically important and fundamental to overall well-being, administration on children, youth and families, information memorandum ACYF-CB-IM-20-09, January 5, 2021. Relational permanency is one component of a child's overall well-being. Washington state's data collection should reflect the importance of both relational and legal permanency as well as child well-being." [ 2024 c 326 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Short title—2007 c 410: See note following RCW 13.34.138.

catchline: Permanency for dependent children—Annual report.


title: RCW 13.34.830

text:
(1) Within amounts appropriated for this specific purpose, or within funding made available by private grant or contribution, the Washington state institute for public policy shall evaluate the department of social and health services' use of structured decision-making practices and implementation of the family team decision-making model to determine whether and how those child protection and child welfare efforts result in reducing disproportionate representation of African American, Native American, and Latino children in the state's child welfare system. The institute shall analyze the points in the system at which current data reflect the greatest levels of disproportionality. The institute shall report its findings to the legislature and the department of social and health services by September 1, 2010.
(2) If adequate funding is not made available through state appropriation or through private grant or contribution to simultaneously study the impact on racial disproportionality of both the structured decision-making process and family team decision-making model, the institute shall first study and report on the family team decision-making model. The department of social and health services and the Washington state institute for public policy jointly, shall:
(a) Promptly complete and execute a data-sharing agreement to comply with the department's confidential or records requirements and to provide the institute with data and other information necessary to conduct its evaluation; and
(b) Identify potential sources of private funding to supplement any state-appropriated amounts.
[ 2009 c 213 s 2.]
Notes:
Findings—2009 c 213: "(1) The legislature finds that research conducted by the Washington state institute for public policy released in June 2008, demonstrates that racial disproportionality exists in Washington's child welfare system and that the greatest disproportionality occurs when the initial referral to child protective services is made and when the decision is made to place a child in out-of-home care. The institute's research also demonstrates that children of African American, Native American, and Latino families have disproportionately longer lengths of stay in foster care.
(2) The legislature finds further that the department of social and health services, in a December 2008 report issued pursuant to chapter 465, Laws of 2007, identified initial recommendations for remediation of racial disproportionality, including examining specific current child welfare practices, structured decision making and family team decision making, to determine whether and how these practices might result in reducing or eliminating racial disproportionality." [ 2009 c 213 s 1.]

catchline: Child protection and child welfare—Racial disproportionality—Evaluation—Report.


title: RCW 13.34.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 42.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 13.34.901

text:
Nothing in this chapter may be construed to limit the department's authority to offer or provide prevention services or primary prevention services as defined in this chapter and chapter 74.13 RCW, respectively.
[ 2019 c 172 s 17.]

catchline: Construction—Prevention services.


title: RCW 13.36.010

text:
The legislature finds that a guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 RCW and who cannot safely be reunified with his or her parents. The legislature is concerned that parents not be pressured by the department into agreeing to the entry of a guardianship when further services would increase the chances that the child could be reunified with his or her parents. The legislature intends to create a separate guardianship chapter to establish permanency for children in foster care through the appointment of a guardian and dismissal of the dependency.
[ 2010 c 272 s 1.]

catchline: Finding—Intent.


title: RCW 13.36.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means any individual under the age of eighteen years.
(2) "Department" means the department of children, youth, and families.
(3) "Dependent child" means a child who has been found by a court to be dependent in a proceeding under chapter 13.34 RCW.
(4) "Guardian" means a person who: (a) Has been appointed by the court as the guardian of a child in a legal proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to court order. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW for the purpose of assisting the court in supervising the dependency.
(5) "Relative" means a person related to the child in the following ways: (a) Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great; (b) stepfather, stepmother, stepbrother, and stepsister; (c) a person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; (d) spouses of any persons named in (a), (b), or (c) of this subsection, even after the marriage is terminated; (e) relatives, as named in (a), (b), (c), or (d) of this subsection, of any half sibling of the child; or (f) extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(6) "Suitable person" means a nonrelative with whom the child or the child's family has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child; and with whom the child has been placed pursuant to RCW 13.34.130.
(7) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.
[ 2017 3rd sp.s. c 6 s 419; 2017 3rd sp.s. c 6 s 310. Prior: 2010 c 272 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Definitions.


title: RCW 13.36.030

text:
(1) Any party to a dependency proceeding under chapter 13.34 RCW may request a guardianship be established for a dependent child by filing a petition in juvenile court under this chapter. All parties to the dependency and the proposed guardian must receive adequate notice of all proceedings under this chapter. Service of the notice and summons may be made under direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department employee. For purposes of this chapter, a dependent child age twelve years or older is a party to the proceedings. A proposed guardian has the right to intervene in proceedings under this chapter.
(2) To be designated as a proposed guardian in a petition under this chapter, a person must be age twenty-one or over and must meet the minimum requirements to care for children as established by the department under RCW 74.15.030, including but not limited to licensed foster parents, relatives, and suitable persons.
(3) Every petition filed in proceedings under this chapter shall contain: (a) A statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of that act shall apply; (b) a statement alleging whether the federal servicemembers civil relief act of 2003, 50 U.S.C. Sec. 501 et seq. applies to the proceeding; and (c) a statement alleging whether the Washington service members' civil relief act, chapter 38.42 RCW, applies to the proceeding.
(4) Every order or decree entered in any proceeding under this chapter shall contain: (a) A finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied; (b) a finding that the federal servicemembers civil relief act of 2003 does or does not apply; and (c) a finding that the Washington service members' civil relief act, chapter 38.42 RCW, does or does not apply.
[ 2019 c 470 s 2; 2010 c 272 s 3.]

catchline: Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service members' civil relief act.


title: RCW 13.36.040

text:
(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.]

catchline: Hearing—Establishing guardianship—Exceptions—Conversion of dependency guardianship to guardianship.


title: RCW 13.36.050

text:
(1) If the court has made the findings required under RCW 13.36.040, the court shall issue an order establishing a guardianship for the child. If the guardian has not previously intervened, the guardian shall be made a party to the guardianship proceeding upon entry of the guardianship order. The order shall:
(a) Appoint a person to be the guardian for the child;
(b) Specify the guardian's rights and responsibilities concerning the care, custody, control, and nurturing of the child;
(c) Specify the guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency and type of contact between the parent or parents and the child, if applicable, and between the child and his or her siblings, if applicable; and
(e) Specify the need for and scope of continued oversight by the court, if any.
(2) The guardian shall maintain physical and legal custody of the child and have the following rights and duties under the guardianship:
(a) Duty to protect, nurture, discipline, and educate the child;
(b) Duty to provide food, clothing, shelter, education as required by law, and health care for the child, including but not limited to, medical, dental, mental health, psychological, and psychiatric care and treatment;
(c) Right to consent to health care for the child and sign a release authorizing the sharing of health care information with appropriate authorities, in accordance with state law;
(d) Right to consent to the child's participation in social and school activities; and
(e) Duty to notify the court of a change of address of the guardian and the child. Unless specifically ordered by the court, however, the standards and requirements for relocation in chapter 26.09 RCW do not apply to guardianships established under this chapter.
(3) If the child has independent funds or other valuable property under the control of the guardian, the guardian shall provide an annual written accounting, supported with appropriate documentation, to the court regarding receipt and expenditure by the guardian of any such funds or benefits. This subsection shall not be construed to require a guardian to account for any routine funds or benefits received from a public social service agency on behalf of the child.
(4) The guardianship shall remain in effect until the child reaches the age of eighteen years or until the court terminates the guardianship, whichever occurs sooner.
(5) Once the dependency has been dismissed pursuant to RCW 13.36.070, the court shall not order the department or other supervising agency to supervise or provide case management services to the guardian or the child as part of the guardianship order.
(6) The court shall issue a letter of guardianship to the guardian upon the entry of the court order establishing the guardianship under this chapter.
[ 2010 c 272 s 5.]

catchline: Court order to establish guardianship—Contents—Custody, rights, and duties—Funds, benefits—Dismissal of dependency—Letter.


title: RCW 13.36.060

text:
(1) A guardian or a parent of the child may petition the court to modify the visitation provisions of a guardianship order by:
(a) Filing with the court a motion for modification and an affidavit setting forth facts supporting the requested modification; and
(b) Providing notice and a copy of the motion and affidavit to all other parties. The nonmoving parties may file and serve opposing affidavits.
(2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.
(3) If the court finds that a motion to modify a guardianship order has been brought in bad faith, the court may assess attorneys' fees and court costs of the nonmoving party against the moving party.
[ 2010 c 272 s 6.]

catchline: Guardianship modification—Attorneys' fees, court costs.


title: RCW 13.36.070

text:
(1) Any party to a guardianship proceeding may request termination of the guardianship by filing a petition and supporting affidavit alleging a substantial change has occurred in the circumstances of the child or the guardian and that the termination is necessary to serve the best interests of the child. The petition and affidavit must be served on the department or supervising agency and all parties to the guardianship.
(2) Except as provided in subsection (3) of this section, the court shall not terminate a guardianship unless it finds, upon the basis of facts that have arisen since the guardianship was established or that were unknown to the court at the time the guardianship was established, that a substantial change has occurred in the circumstances of the child or the guardian and that termination of the guardianship is necessary to serve the best interests of the child. The effect of a guardian's duties while serving in the military potentially impacting guardianship functions shall not, by itself, be a substantial change of circumstances justifying termination of a guardianship.
(3) The court may terminate a guardianship on the agreement of the guardian, the child, if the child is age twelve years or older, and a parent seeking to regain custody of the child if the court finds by a preponderance of the evidence and on the basis of facts that have arisen since the guardianship was established that:
(a) The parent has successfully corrected the parenting deficiencies identified by the court in the dependency action, and the circumstances of the parent have changed to such a degree that returning the child to the custody of the parent no longer creates a risk of harm to the child's health, welfare, and safety;
(b) The child, if age twelve years or older, agrees to termination of the guardianship and the return of custody to the parent; and
(c) Termination of the guardianship and return of custody of the child to the parent is in the child's best interests.
(4) Upon the entry of an order terminating a guardianship, the court shall enter an order:
(a) Granting the child's parent with legal and physical custody of the child;
(b) Granting a substitute guardian with legal and physical custody of the child; or
(c) Directing the child to be temporarily placed in the custody of the department for placement with a relative or other suitable person as defined in RCW 13.34.130(1)(b), if available, or in an appropriate licensed out-of-home placement, and directing that the department file a dependency petition on behalf of the child.
[ 2010 c 272 s 7.]


title: RCW 13.36.080

text:
In all proceedings to establish, modify, or terminate a guardianship order, the court shall appoint a guardian ad litem or attorney for the child. The court may appoint a guardian ad litem or attorney who represented the child in a prior proceeding under this chapter or under chapter 13.34 RCW, or may appoint an attorney to supersede an existing guardian ad litem.
[ 2010 c 272 s 8.]

catchline: Appointment of guardian ad litem or attorney for the child.


title: RCW 13.36.090

text:
(1) Any guardian who is a foster parent licensed pursuant to RCW 74.15.030 at the time a guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child. The department may establish rules setting eligibility, application, and program standards consistent with applicable federal guidelines for expenditure of state and federal funds.
(2) A child is eligible for guardianship subsidies when:
(a) The child has been placed for at least six consecutive months with a guardian who has been licensed for at least six consecutive months; or
(b) The child is placed with a guardian who is already receiving a guardianship assistance subsidy for the benefit of the child's sibling.
(3) A child need not be eligible for federal foster care reimbursement in order to qualify for state-funded guardianship assistance payments.
(4) Nothing in this section shall be construed to create an entitlement to guardianship assistance subsidies.
[ 2023 c 221 s 1; 2010 c 272 s 9.]

catchline: Guardianship subsidies—Eligibility.


title: RCW 13.38.010

text:
This chapter shall be known and cited as the "Washington state Indian child welfare act."
[ 2011 c 309 s 1.]

catchline: Short title.


title: RCW 13.38.020

text:
This chapter shall apply in all child custody proceedings as that term is defined in this chapter. Whenever there is a conflict between chapter 13.32A, 13.34, 13.36, *26.10, or 26.33 RCW, the provisions of this chapter shall apply.
[ 2011 c 309 s 2.]
Notes:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170, effective July 1, 2022.

catchline: Application.


title: RCW 13.38.030

text:
The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the children, or the interests of their tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the federal Indian child welfare act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the state is committed to a placement that reflects and honors the unique values of the child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's tribe and tribal community.
It is the intent of the legislature that this chapter is a step in clarifying existing laws and codifying existing policies and practices. This chapter shall not be construed to reject or eliminate current policies and practices that are not included in its provisions.
The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section 109 of the federal Indian child welfare act. The legislature finds that this chapter specifies the minimum requirements that must be applied in a child custody proceeding and does not prevent the department from providing a higher standard of protection to the right of any Indian child, parent, Indian custodian, or Indian child's tribe.
It is also the legislature's intent that the department's policy manual on Indian child welfare, the tribal-state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in the interpretation and implementation of the federal Indian child welfare act, this chapter, and other relevant state laws.
[ 2011 c 309 s 3.]

catchline: Findings and intent.


title: RCW 13.38.040

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Active efforts" means the following:
(a) In any foster care placement or termination of parental rights proceeding of an Indian child under chapter 13.34 RCW and this chapter where the department or a supervising agency as defined in *RCW 74.13.020 has a statutory or contractual duty to provide services to, or procure services for, the parent or parents or Indian custodian, or is providing services to a parent or parents or Indian custodian pursuant to a disposition order entered pursuant to RCW 13.34.130, the department or supervising agency shall make timely and diligent efforts to provide or procure such services, including engaging the parent or parents or Indian custodian in reasonably available and culturally appropriate preventive, remedial, or rehabilitative services. This shall include those services offered by tribes and Indian organizations whenever possible. At a minimum "active efforts" shall include:
(i) In any dependency proceeding under chapter 13.34 RCW seeking out-of-home placement of an Indian child in which the department or supervising agency provided voluntary services to the parent, parents, or Indian custodian prior to filing the dependency petition, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs to prevent the breakup of the family beyond simply providing referrals to such services.
(ii) In any dependency proceeding under chapter 13.34 RCW, in which the petitioner is seeking the continued out-of-home placement of an Indian child, the department or supervising agency must show to the court that it has actively worked with the parent, parents, or Indian custodian in accordance with existing court orders and the individual service plan to engage them in remedial services and rehabilitative programs to prevent the breakup of the family beyond simply providing referrals to such services.
(iii) In any termination of parental rights proceeding regarding an Indian child under chapter 13.34 RCW in which the department or supervising agency provided services to the parent, parents, or Indian custodian, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs ordered by the court or identified in the department or supervising agency's individual service and safety plan beyond simply providing referrals to such services.
(b) In any foster care placement or termination of parental rights proceeding in which the petitioner does not otherwise have a statutory or contractual duty to directly provide services to, or procure services for, the parent or Indian custodian, "active efforts" means a documented, concerted, and good faith effort to facilitate the parent's or Indian custodian's receipt of and engagement in services capable of meeting the criteria set out in (a) of this subsection.
(2) "Best interests of the Indian child" means the use of practices in accordance with the federal Indian child welfare act, this chapter, and other applicable law, that are designed to accomplish the following: (a) Protect the safety, well-being, development, and stability of the Indian child; (b) prevent the unnecessary out-of-home placement of the Indian child; (c) acknowledge the right of Indian tribes to maintain their existence and integrity which will promote the stability and security of their children and families; (d) recognize the value to the Indian child of establishing, developing, or maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and (e) in a proceeding under this chapter where out-of-home placement is necessary, to prioritize placement of the Indian child in accordance with the placement preferences of this chapter.
(3) "Child custody proceeding" includes:
(a) "Foster care placement" which means any action removing an Indian child from his or her parent or Indian custodian for temporary placement in a foster home, institution, or with a relative, guardian, conservator, or suitable other person where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;
(b) "Termination of parental rights" which means any action resulting in the termination of the parent-child relationship;
(c) "Preadoptive placement" which means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement; and
(d) "Adoptive placement" which means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.
These terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a dissolution proceeding of custody to one of the parents.
(4) "Court of competent jurisdiction" means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.
(5) "Department" means the department of children, youth, and families and any of its divisions. "Department" also includes supervising agencies as defined in *RCW 74.13.020 with which the department entered into a contract to provide services, care, placement, case management, contract monitoring, or supervision to children subject to a petition filed under chapter 13.34 or 26.33 RCW.
(6) "Indian" means a person who is a member of an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in 43 U.S.C. Sec. 1606.
(7) "Indian child" means an unmarried and unemancipated Indian person who is under eighteen years of age and is either: (a) A member of an Indian tribe; or (b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
(8) "Indian child's family" or "extended family member" means an individual, defined by the law or custom of the child's tribe, as a relative of the child. If the child's tribe does not identify such individuals by law or custom, the term means an adult who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent, even following termination of the marriage.
(9) "Indian child's tribe" means a tribe in which an Indian child is a member or eligible for membership.
(10) "Indian custodian" means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child, or to whom the parent has transferred temporary care, physical custody, and control of an Indian child.
(11) "Indian tribe" or "tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including any Alaska native village as defined in 43 U.S.C. Sec. 1602(c).
(12) "Member" and "membership" means a determination by an Indian tribe that a person is a member or eligible for membership in that Indian tribe.
(13) "Parent" means a biological parent or parents of an Indian child or a person who has lawfully adopted an Indian child, including adoptions made under tribal law or custom. "Parent" does not include a person whose parentage has not been acknowledged or established under chapter 26.26A RCW or the applicable laws of other states.
(14) "Secretary of the interior" means the secretary of the United States department of the interior.
(15) "Tribal court" means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings, including but not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or an administrative body of an Indian tribe vested with authority over child custody proceedings.
(16) "Tribal customary adoption" means adoption or other process through the tribal custom, traditions, or laws of an Indian child's tribe by which the Indian child is permanently placed with a nonparent and through which the nonparent is vested with the rights, privileges, and obligations of a legal parent. Termination of the parent-child relationship between the Indian child and the biological parent is not required to effect or recognize a tribal customary adoption.
[ 2019 c 46 s 5018; 2017 3rd sp.s. c 6 s 311; 2011 c 309 s 4.]
Notes:
*Reviser's note: RCW 74.13.020 was amended by 2018 c 284 s 36, deleting the definition of "supervising agency."
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.


title: RCW 13.38.050

text:
Any party seeking the foster care placement of, termination of parental rights over, or the adoption of a child must make a good faith effort to determine whether the child is an Indian child. This shall be done by consultation with the child's parent or parents, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe to determine if the child is an Indian child, and by contacting any Indian tribe in which the child may be a member or may be eligible for membership. Preliminary contacts for the purpose of making a good faith effort to determine a child's possible Indian status , do not constitute legal notice as required by RCW 13.38.070.
[ 2011 c 309 s 5.]

catchline: Determination of Indian status.