RCW 13.34.040
Petition to court to deal with dependent child—Application of federal Indian child welfare act. (Effective until July 1, 2023.)
(1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for filing such petitions.
(2) Except where the department is the petitioner, in counties having paid probation officers, these officers shall, to the extent possible, first determine if a petition is reasonably justifiable. Each petition shall be verified and contain a statement of facts constituting a dependency, and the names and residence, if known to the petitioner, of the parents, guardian, or custodian of the alleged dependent child.
(3) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040. If the child is an Indian child chapter 13.38 RCW shall apply.
(4) Every order or decree entered under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
[ 2018 c 17 § 1; 2011 c 309 § 23; 2004 c 64 § 3; 2000 c 122 § 2; 1977 ex.s. c 291 § 32; 1913 c 160 § 5; RRS § 1987-5. Formerly RCW 13.04.060.]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for filing such petitions.
(2) Except where the department is the petitioner, in counties having paid probation officers, these officers shall, to the extent possible, first determine if a petition is reasonably justifiable.
(3) Every petition filed in proceedings under this chapter shall contain a statement alleging whether there is a reason to know that the child is or may be an Indian child as defined in RCW 13.38.040. If there is a reason to know that the child is or may be an Indian child chapter 13.38 RCW shall apply.
(4) Every order or decree entered under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
(5) Each petition shall be verified and contain a statement constituting a dependency, including the names, residence, and contact information, if known to the petitioner, of each parent, guardian, or custodian of the alleged dependent child. If the petitioner is seeking removal of the child from a parent, guardian, or custodian the petition shall contain a clear and specific statement as to the harm that will occur if the child remains in the care of the parent, guardian, or custodian, and the facts that support that conclusion.
[ 2021 c 211 § 3; 2018 c 17 § 1; 2011 c 309 § 23; 2004 c 64 § 3; 2000 c 122 § 2; 1977 ex.s. c 291 § 32; 1913 c 160 § 5; RRS § 1987-5. Formerly RCW 13.04.060.]
NOTES:
Effective date—2021 c 211: "Sections 1 through 10 of this act take effect July 1, 2023." [ 2021 c 211 § 12.]
Short title—2021 c 211: "This act may be known and cited as the keeping families together act." [ 2021 c 211 § 1.]
Finding—Intent—2021 c 211: "(1) The legislature recognizes that children and families are better served when the state provides support to allow children to be cared for by their loved ones and in their communities. The legislature finds that decades of research show that black and indigenous children are still disproportionately removed from their families and communities despite reform efforts.
(2) For these reasons, it is the intent of the legislature to safely reduce the number of children in foster care and reduce racial bias in the system by applying a standard criteria for determining whether to remove a child from a parent when necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect." [ 2021 c 211 § 2.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.
13.34.020 - Legislative declaration of family unit as resource to be nurtured—Rights of child.
13.34.025 - Child dependency cases—Coordination of services—Remedial services.
13.34.045 - Educational liaison—Identification.
13.34.046 - Educational liaison—Responsibilities—Background checks.
13.34.050 - Court order to take child into custody, when—Hearing.
13.34.055 - Custody by law enforcement officer—Release from liability.
13.34.060 - Shelter care—Placement—Custody—Duties of parties.
13.34.062 - Shelter care—Notice of custody and rights.
13.34.065 - Shelter care—Hearing—Recommendation as to further need—Release.
13.34.067 - Shelter care—Case conference—Service agreement.
13.34.069 - Shelter care—Order and authorization of health care and education records.
13.34.080 - Summons when petition filed—Publication of notice.
13.34.090 - Rights under chapter proceedings.
13.34.092 - Rights under chapter proceedings—Appointment of counsel—Notice.
13.34.094 - Description of services provided to parents.
13.34.096 - Right to be heard—Notice.
13.34.102 - Guardian ad litem—Training—Registry—Selection—Substitution—Exception.
13.34.105 - Guardian ad litem—Duties—Immunity—Access to information.
13.34.107 - Guardian ad litem—Ex parte communications—Removal.
13.34.108 - Guardian ad litem—Fees.
13.34.110 - Hearings—Fact-finding and disposition—Time and place, notice.
13.34.125 - Voluntary adoption plan—Consideration of preferences for proposed placement.
13.34.132 - Petition seeking termination of parent-child relationship—Requirements.
13.34.134 - Permanent placement of child.
13.34.136 - Permanency plan of care.
13.34.142 - Current placement episode—Calculation.
13.34.147 - Case review panel—Creation—Duties.
13.34.150 - Modification of orders.
13.34.160 - Order of support for dependent child.
13.34.161 - Order of support for dependent child—Noncompliance—Enforcement of judgment.
13.34.165 - Civil contempt—Grounds—Motion—Penalty—Detention review hearing.
13.34.180 - Order terminating parent and child relationship—Petition—Filing—Allegations.
13.34.190 - Order terminating parent and child relationship—Findings.
13.34.200 - Order terminating parent and child relationship—Rights of parties when granted.
13.34.212 - Court-appointed attorney for a child in a dependency proceeding.
13.34.234 - Guardianship for dependent child—Dependency guardianship subsidies.
13.34.235 - Guardianship for dependent child—Review hearing requirements not applicable—Exception.
13.34.240 - Acts, records, and proceedings of Indian tribe or band given full faith and credit.
13.34.265 - Foster home placement—Considerations.
13.34.270 - Child with developmental disability—Out-of-home placement—Permanency planning hearing.
13.34.300 - Relevance of failure to cause juvenile to attend school to neglect petition.
13.34.315 - Health care—Evaluation and treatment.
13.34.320 - Inpatient mental health treatment—When parental consent required—Hearing.
13.34.330 - Inpatient mental health treatment—Placement.
13.34.340 - Release of records—Disclosure to treating physician.
13.34.350 - Dependent children—Information sharing—Guidelines.
13.34.370 - Evaluation of parties—Selection of evaluators.
13.34.380 - Visitation policies and protocols—Development—Elements.
13.34.390 - Comprehensive services for drug-affected and alcohol-affected mothers and infants.
13.34.400 - Child welfare proceedings—Placement—Documentation.
13.34.410 - Psychosexual evaluation.
13.34.420 - Qualified residential treatment program—Requirements.
13.34.425 - Qualified residential treatment program—Placement—Hearing.
13.34.430 - Social study—Required information.
13.34.435 - Washington state center for court research—Attorney-client privilege.
13.34.800 - Drug-affected and alcohol-affected infants—Model project.
13.34.801 - Rules—Definition of "drug-affected infant."
13.34.802 - Rules—Definition of "alcohol-affected infant."
13.34.820 - Permanency for dependent children—Annual report.
13.34.830 - Child protection and child welfare—Racial disproportionality—Evaluation—Report.
13.34.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.