Wash. Rev. Code » Title 13 · Chapter 13.34
Revised Code of Washington

Wash. Rev. Code § 13.34.040 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(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 s 3; 2018 c 17 s 1; 2011 c 309 s 23; 2004 c 64 s 3; 2000 c 122 s 2; 1977 ex.s. c 291 s 32; 1913 c 160 s 5; RRS s 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 s 12.]
Short title—2021 c 211: "This act may be known and cited as the keeping families together act." [ 2021 c 211 s 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 s 2.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Notes of Decisions
Cited in 66 cases (4 in the last 5 years), 1979–2026 · leading case: Dep't of Soc. & Health Servs. v. Gilfillen, 126 Wash. App. 181 (Wash. Ct. App. 2005).
Sort: Relevance Newest Treatment
Dep't of Soc. & Health Servs. v. Gilfillen, 126 Wash. App. 181 (Wash. Ct. App. 2005). · cites it 2× “Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.”
Schermer v. Dep't of Soc. & Health Servs., 161 Wash. 2d 927 (Wash. 2007). · cites it 2× “RCW 13.34.040(1). Within 75 days after the petition is filed, the court must hold a fact-finding hearing to determine whether the allegations in the petition are true.”
In Re Dependency of Schermer, 169 P.3d 452 (Wash. 2007). · cites it 2× “RCW 13.34.040. Within 75 days after the petition is filed, the court must hold a fact-finding hearing to determine whether the allegations in the petition are true.”
In Re Dependency of TLG, 108 P.3d 156 (Wash. Ct. App. 2005). · cites it 2× “Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.”
New Hope of Washington v. Ramquist, 765 P.2d 30 (Wash. Ct. App. 1988). · cites it 3× “RCW 13.34.040. RCW 13.34.180 does not suggest that the Legislature intended to curtail its policy of liberal standing in the case *858 of termination.”
R.B. v. C.W., 354 P.3d 46 (Wash. Ct. App. 2015). · cites it 4× “020; RCW 13.34.040(3); RCW 26.33.040(l)(a). The statutes define “child custody proceeding” to include both termination of parental rights and adoptive placement.”
In re Dependency of E.H., 427 P.3d 587 (Wash. 2018). · cites it 2× “" RCW 13.34.040(1). Family members can petition a court to find a child dependent in order to be granted guardianship over the child.”
R.B. v. C.W., 383 P.3d 492 (Wash. 2016). “RCW 13.34.040(3) does not condition the application of ICWA on whether the parent also is an Indian.”
H.B.H. v. State, 429 P.3d 484 (Wash. 2018). “The court may then order "a law enforcement officer, probation counselor, or child protective services official" to take the child into state custody if it finds reasonable grounds to believe the child is dependent and that the child's "health, safety, and welfare will be…”
Wilhelm v. Spokane Cmty. Mental Health Ctr., 726 P.2d 479 (Wash. Ct. App. 1986). · cites it 8× “It *497 argues further it is implicit by reference to RCW 13.34.040 that "any person" may file a dependency petition as well as a termination action.”
Mahaney v. Mahaney, 51 P.3d 776 (Wash. 2002). “Under RCW 13.34.040, any person may file a petition concerning a dependent child.”
In Re the Welfare of Aschauer, 611 P.2d 1245 (Wash. 1980). “Such petition shall conform to the requirements of RCW 13.34.040 as now or hereafter amended and shall allege: (1) That the child has been found to be a dependent child under RCW 13.”
Show all 66 citing cases →
— Wash. Rev. Code § 13.34.040(1) — 14 cases
Schermer v. Dep't of Soc. & Health Servs., 161 Wash. 2d 927 (Wash. 2007). “RCW 13.34.040(1). Within 75 days after the petition is filed, the court must hold a fact-finding hearing to determine whether the allegations in the petition are true.”
In re Dependency of E.H., 427 P.3d 587 (Wash. 2018). “" RCW 13.34.040(1). Family members can petition a court to find a child dependent in order to be granted guardianship over the child.”
H.B.H. v. State, 429 P.3d 484 (Wash. 2018). “The court may then order "a law enforcement officer, probation counselor, or child protective services official" to take the child into state custody if it finds reasonable grounds to believe the child is dependent and that the child's "health, safety, and welfare will be…”
In Re Dependency of Schermer, 169 P.3d 452 (Wash. 2007). “RCW 13.34.040. Within 75 days after the petition is filed, the court must hold a fact-finding hearing to determine whether the allegations in the petition are true.”
Wrigley v. State, 455 P.3d 1138 (Wash. 2020).
— Wash. Rev. Code § 13.34.040(2) — 2 cases
In Re The Dependency Of H.w. (Wash. Ct. App. 2025).
In Re The Matter Of: J.h. v. State Of Washington (Wash. Ct. App. 2014).
— Wash. Rev. Code § 13.34.040(3) — 8 cases
R.B. v. C.W., 354 P.3d 46 (Wash. Ct. App. 2015). “020; RCW 13.34.040(3); RCW 26.33.040(l)(a). The statutes define “child custody proceeding” to include both termination of parental rights and adoptive placement.”
R.B. v. C.W., 383 P.3d 492 (Wash. 2016). “RCW 13.34.040(3) does not condition the application of ICWA on whether the parent also is an Indian.”
In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010).
In Re Welfare of LNB-L., 237 P.3d 944 (Wash. Ct. App. 2010).
In re Adoption of T.A.W. (Wash. 2016).
— Wash. Rev. Code § 13.34.040(8) — 2 cases
Dep't of Soc. & Health Servs. v. Gilfillen, 126 Wash. App. 181 (Wash. Ct. App. 2005). “Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.”
In Re Dependency of TLG, 108 P.3d 156 (Wash. Ct. App. 2005). “Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.