Wash. Rev. Code § 13.34.060
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(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility.
(2) Unless there is reasonable cause based on specific evidence to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must complete the inquiry required under RCW 13.34.065 to establish whether continued placement with the relative is appropriate. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the department's plan or is ordered by the court. If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the department shall make continuing efforts to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody. The department shall document its effort to place the child with a relative or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.
(3) Whenever a child is taken into custody pursuant to this section, the department may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care, after informing the child's parent, guardian, or legal custodian, unless the parent, guardian, or legal custodian cannot be reached. The child's parent, guardian, or legal custodian must be provided the opportunity to attend any appointments authorized under this subsection, unless prohibited by court order.
[ 2021 c 211 s 8; 2007 c 413 s 3; 2002 c 52 s 4; 2000 c 122 s 4; 1999 c 17 s 2; 1998 c 328 s 2; 1990 c 246 s 1; 1987 c 524 s 4. Prior: 1984 c 188 s 3; 1984 c 95 s 5; 1983 c 246 s 1; 1982 c 129 s 5; 1979 c 155 s 39; 1977 ex.s. c 291 s 34.]
Notes:
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—1999 c 17: "The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best cared for, whenever possible and appropriate by family members with whom they have a relationship. This is particularly important when a child cannot be in the care of a parent, guardian, or legal custodian as a result of a court intervention." [ 1999 c 17 s 1.]
Severability—1990 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 246 s 11.]
Severability—1984 c 95: See note following RCW 9A.40.060.
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Notes of Decisions
Cited in 37
cases (12 in the last 5 years), 1981–2026 · leading case: Washington State Coalition for the Homeless v. Department of Social & Health Services
Washington State Coalition for the Homeless v. Department of Social & Health Services (1997)
“RCW 13.34.060 Does Not Authorize Courts to Order the Department to Provide Housing Assistance The majority holds that a court in a dependency proceeding may order the Department to provide "some form” of housing assistance in cases where homelessness or lack of adequate housing…”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
In re Dependency of E.H. (2018)
“RCW 13.34.060(2), .138(2)(c)(viii). Thus, in many instances, the State does not assume custody of the child and does not make important decisions about placement, medical care, or education.”
Babcock v. State (1991)
“However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but…”
Williams v. Department of Social & Health Services (1993)
“Placement in foster care following a shelter care hearing under RCW 13.34.060 does not infringe upon parental rights as permanently 2 or as severely 3 as a dependency adjudication or full termination of parental rights under RCW 13.”
Tyner v. Department of Social & Health Services (1998)
“At the hearing, the State makes a recommendation to the court as to the need for shelter care. RCW 13.34.060(7). The court must release a child to parental custody unless it makes a finding of reasonable cause not to do so.”
In re Dependency of K.W. (2022)
“See RCW 13.34.060(2) (shelter care), .065(5)(b) (shelter care hearing), .”
Spurrell v. Block (1985)
“RCW 13.34.060. Children thus taken into custody may be held for up to 72 hours without a court order.”
In re Dependency of Baby Boy B. (2024)
“Under child welfare laws, “[n]o child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.”
Department of Social & Health Services v. Johnson (2004)
“090(1), in conjunction with RCW 13.34.060, expressly permits all parties to present testimony at a shelter-care hearing regarding the need or lack of need for shelter care.”
In Re the Welfare of Brown (1981)
“2(a) and RCW 13.34.060. The motion was denied. During the hearing the caseworker was permitted to testify from the Department of Social and Health Services (DSHS) file.”
In re the Dependency of J.S. (2002)
“RCW 13.34.060. The department was able to place J.”
— Wash. Rev. Code § 13.34.060(1) — 8 cases
In re Dependency of Baby Boy B. (2024)
“Under child welfare laws, “[n]o child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.”
Williams v. Department of Social & Health Services (1993)
“Placement in foster care following a shelter care hearing under RCW 13.34.060 does not infringe upon parental rights as permanently 2 or as severely 3 as a dependency adjudication or full termination of parental rights under RCW 13.”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
Dependency Of: B.b.b. (2023)
— Wash. Rev. Code § 13.34.060(1)(b) — 3 cases
In Re Dependency of RH (2005)
In Re Welfare of Bdf (2005)
Dependency Of: B.b.b. (2023)
— Wash. Rev. Code § 13.34.060(10) — 4 cases
Williams v. Department of Social & Health Services (1993)
“Placement in foster care following a shelter care hearing under RCW 13.34.060 does not infringe upon parental rights as permanently 2 or as severely 3 as a dependency adjudication or full termination of parental rights under RCW 13.”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
Tyner v. Department of Social & Health Services (1998)
“At the hearing, the State makes a recommendation to the court as to the need for shelter care. RCW 13.34.060(7). The court must release a child to parental custody unless it makes a finding of reasonable cause not to do so.”
Dependency Of: B.b.b. (2023)
— Wash. Rev. Code § 13.34.060(2) — 4 cases
In re Dependency of E.H. (2018)
“RCW 13.34.060(2), .138(2)(c)(viii). Thus, in many instances, the State does not assume custody of the child and does not make important decisions about placement, medical care, or education.”
In re Dependency of K.W. (2022)
“See RCW 13.34.060(2) (shelter care), .065(5)(b) (shelter care hearing), .”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
— Wash. Rev. Code § 13.34.060(6) — 2 cases
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
Barnes v. Byrd (1981)
— Wash. Rev. Code § 13.34.060(6)(b) — 1 case
In Re The Dep Of IRM. (2021)
— Wash. Rev. Code § 13.34.060(6)(c) — 3 cases
— Wash. Rev. Code § 13.34.060(7) — 1 case
Tyner v. Department of Social & Health Services (1998)
“At the hearing, the State makes a recommendation to the court as to the need for shelter care. RCW 13.34.060(7). The court must release a child to parental custody unless it makes a finding of reasonable cause not to do so.”
— Wash. Rev. Code § 13.34.060(8) — 7 cases
Washington State Coalition for the Homeless v. Department of Social & Health Services (1997)
“RCW 13.34.060 Does Not Authorize Courts to Order the Department to Provide Housing Assistance The majority holds that a court in a dependency proceeding may order the Department to provide "some form” of housing assistance in cases where homelessness or lack of adequate housing…”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
Tyner v. Department of Social & Health Services (1998)
“At the hearing, the State makes a recommendation to the court as to the need for shelter care. RCW 13.34.060(7). The court must release a child to parental custody unless it makes a finding of reasonable cause not to do so.”
In re J.A. (1998)
— Wash. Rev. Code § 13.34.060(8)(a) — 3 cases
Washington State Coalition for the Homeless v. Department of Social & Health Services (1997)
“RCW 13.34.060 Does Not Authorize Courts to Order the Department to Provide Housing Assistance The majority holds that a court in a dependency proceeding may order the Department to provide "some form” of housing assistance in cases where homelessness or lack of adequate housing…”
Matter of Dependency of H. (1993)
“A fact-finding hearing (the final hearing on dependency) is set at the second shelter-care hearing, and must occur within 75 days of the initial hearing.”
— Wash. Rev. Code § 13.34.060(c) — 1 case
In Re The Dep Of IRM. (2021)
— Wash. Rev. Code § 13.34.060(l)(a) — 1 case
In re the Adoption of B.T. (2002)
— Wash. Rev. Code § 13.34.060(l)(b) — 1 case
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