Title 13 — Title 13 JUVENILE COURTS AND JUVENILE OFFENDERS
16 chapters · 345 sections in this title.
RCW 13.38.010 Short title.
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This chapter shall be known and cited as the "Washington state Indian child welfare act."[ 2011 c 309 s 1.]
RCW 13.38.020 Application.
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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 …
RCW 13.38.030 Findings and intent.
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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…
RCW 13.38.040 Definitions.
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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 c…
RCW 13.38.050 Determination of Indian status.
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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 h…
RCW 13.38.060 Jurisdiction.
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(1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly decli…
RCW 13.38.070 Notice—Procedures—Determination of Indian status.
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(1) In any involuntary child custody proceeding seeking the foster care placement of, or the termination of parental rights to, a child in which the petitioning party or the court knows, or has reason to know, that the child is or may be an Indian child as defined in this chapter…
RCW 13.38.080 Transfer of jurisdiction.
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(1) In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceedin…
RCW 13.38.090 Right to intervene.
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The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child.[ 2011 c 309 s 9.]
RCW 13.38.100 Full faith and credit.
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The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings.[ 2011 c 309 s 10.]
RCW 13.38.110 Right to counsel.
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In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the In…
RCW 13.38.120 Right to examine reports, other documents.
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Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based.[ 2011 c 309 s 12.]
RCW 13.38.130 Involuntary foster care placement, termination of parental rights—Determination—Qualified expert witness.
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(1) A party seeking to effect an involuntary foster care placement of or the involuntary termination of parental rights to an Indian child shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the b…
RCW 13.38.140 Emergency removal or placement of Indian child—Notice.
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(1) Notwithstanding any other provision of federal or state law, nothing shall be construed to prevent the department or law enforcement from the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the…
RCW 13.38.150 Consent to foster care placement or termination of parental rights—Withdrawal.
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(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent is not valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompan…
RCW 13.38.160 Improper removal of Indian child.
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If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction…
RCW 13.38.170 Removal of Indian child from adoptive or foster care placement.
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(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to thei…
RCW 13.38.180 Placement preferences.
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(1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, a good faith effort will be made to place the Indian child:(a) In the least restrictive setting;(b) Which most approximates a family situation;(c) Which is in reasonabl…
RCW 13.38.190 Review of cases—Standards and procedures—Compliance.
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(1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this ch…