Wash. Rev. Code » Title 13 · Chapter 13.32A
Revised Code of Washington

Wash. Rev. Code § 13.32A.170 (2026)

✓ current as of May 2026
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(1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.
(2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:
(a) The child is a child in need of services as defined in RCW 13.32A.030(5);
(b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(d) A suitable out-of-home placement resource is available.
The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.
The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; or (c) dismiss the petition.
At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.
[ 2000 c 123 s 20; 1996 c 133 s 23; 1995 c 312 s 18; 1989 c 269 s 3; 1987 c 524 s 1; 1985 c 257 s 10; 1984 c 188 s 1; 1981 c 298 s 12; 1979 c 155 s 31.]

Notes:

Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Notes of Decisions
Cited in 7 cases, 1983–2006 · leading case: In Re Eaton, 757 P.2d 961 (Wash. 1988).
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In Re Eaton, 757 P.2d 961 (Wash. 1988). “RCW 13.32A.170(2). Next, the disposition hearing is held and the juvenile court is required to consider DSHS' 3-month disposition plan.”
State v. GAH, 137 P.3d 66 (Wash. Ct. App. 2006). “RCW 13.32A.170, .300. Third, when law enforcement determines that a child is at imminent risk of harm by parental action and releases the child to DSHS for placement in protective custody.”
State v. G.A.H., 133 Wash. App. 567 (Wash. Ct. App. 2006). “RCW 13.32A.170, .300. Third, when law enforcement determines that a child is at imminent risk of harm by parental action and releases the child to DSHS for placement in protective custody.”
In Re Eaton, 740 P.2d 907 (Wash. Ct. App. 1987). · cites it 3× “See RCW 13.32A.170, .180. 2 *808 A review hearing was held pursuant to RCW 13.”
State v. Steinbach, 667 P.2d 641 (Wash. Ct. App. 1983). “RCW 13.32A.170(1). This intrusion upon the parental constitutional right to the care, custody, and companionship of the child is justified by the State's parens patriae interest in protecting the physical and mental health of the child.”
In re the Interest of T.E.C., 122 Wash. App. 31 (Wash. Ct. App. 2004). · cites it 2× “RCW 13.32A.170(2) establishes the scope of the trial court’s authority to grant a CHINS petition, and states in relevant part: (2) The court may approve Etn order stating that the child shall be placed in a residence other than the home of his or her parent only if it is…”
State v. TEC, 92 P.3d 263 (Wash. Ct. App. 2004). “[10] The difficulty of establishing availability in a CHINS case is evident in RCW 13.32A.170(3), which states that a temporary out-of-home placement for a period of up to 14 days may be approved following fact-finding.”
— Wash. Rev. Code § 13.32A.170(1) — 1 case
State v. Steinbach, 667 P.2d 641 (Wash. Ct. App. 1983). “RCW 13.32A.170(1). This intrusion upon the parental constitutional right to the care, custody, and companionship of the child is justified by the State's parens patriae interest in protecting the physical and mental health of the child.”
— Wash. Rev. Code § 13.32A.170(2) — 2 cases
In Re Eaton, 757 P.2d 961 (Wash. 1988). “RCW 13.32A.170(2). Next, the disposition hearing is held and the juvenile court is required to consider DSHS' 3-month disposition plan.”
In re the Interest of T.E.C., 122 Wash. App. 31 (Wash. Ct. App. 2004). “RCW 13.32A.170(2) establishes the scope of the trial court’s authority to grant a CHINS petition, and states in relevant part: (2) The court may approve Etn order stating that the child shall be placed in a residence other than the home of his or her parent only if it is…”
— Wash. Rev. Code § 13.32A.170(2)(a) — 1 case
In re the Interest of T.E.C., 122 Wash. App. 31 (Wash. Ct. App. 2004). “RCW 13.32A.170(2) establishes the scope of the trial court’s authority to grant a CHINS petition, and states in relevant part: (2) The court may approve Etn order stating that the child shall be placed in a residence other than the home of his or her parent only if it is…”
— Wash. Rev. Code § 13.32A.170(3) — 1 case
State v. TEC, 92 P.3d 263 (Wash. Ct. App. 2004). “[10] The difficulty of establishing availability in a CHINS case is evident in RCW 13.32A.170(3), which states that a temporary out-of-home placement for a period of up to 14 days may be approved following fact-finding.”
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