Revised Code of Washington

Wash. Rev. Code § 13.34.070 (2026)

✓ current as of May 2026
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(1) Upon the filing of the petition, the petitioner shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. When the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.
(4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.
(5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him or her to the place of shelter designated by the court.
(7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he or she may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.
(9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department employee.
(10) Whenever the court or the petitioning party in a proceeding under this chapter knows or has reason to know that an Indian child as defined in RCW 13.38.040 is involved, the petitioning party shall promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to receive such notices. Notice shall comply with RCW 13.38.070.

Notes:

Severability1990 c 246: See note following RCW 13.34.060.
Legislative finding1983 c 311: See note following RCW 13.34.030.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.
Effective datesSeverability1977 ex.s. c 291: See notes following RCW 13.04.005.
Notes of Decisions
Cited in 47 cases (10 in the last 5 years), 1981–2025 · leading case: In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010).
In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010). · cites it 10× “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
Dep't of Soc. & Health Servs. v. Gilfillen, 126 Wash. App. 181 (Wash. Ct. App. 2005). · cites it 5× “At the time of the termination trial, former RCW 13.34.070 (2000) 11 provided in part: (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of…”
In Re Dependency of TLG, 108 P.3d 156 (Wash. Ct. App. 2005). · cites it 5× “At the time of the termination trial, former RCW 13.34.070 (2000) [11] provided in part: (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of…”
In Re the Pers. Restraint of King, 756 P.2d 1303 (Wash. 1988). · cites it 5× “110 and the juvenile dependency statute (RCW 13.34.070), the court ordered the Kings jailed until such time as they revealed the location of their son.”
In Re Welfare of LNB-L., 237 P.3d 944 (Wash. Ct. App. 2010). · cites it 11× “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
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…”
Schermer v. Dep't of Soc. & Health Servs., 161 Wash. 2d 927 (Wash. 2007). “RCW 13.34.070. At the hearing, the petitioner has the burden of establishing by a preponderance of the evidence that the child meets one of the statutory definitions of dependency.”
In Re Dependency of Schermer, 169 P.3d 452 (Wash. 2007). “"Any person" may file a petition with the trial court showing that there is a dependent child and requesting that the court deal with the child as provided by the dependency statutes. RCW 13.34.040. Within 75 days after the petition is filed, the court must hold a fact-finding…”
In Re Welfare of CB, 143 P.3d 846 (Wash. Ct. App. 2006). “RCW 13.34.070(10)(a). ¶ 50 Here, on the strength of Bartman's claim that her children were either Cherokee or Sioux, the State notified all federally recognized Cherokee or Sioux tribes by certified mail.”
In re the Welfare of C.B., 134 Wash. App. 942 (Wash. Ct. App. 2006). “RCW 13.34.070(10)(a). ¶50 Here, on the strength of Bartman’s claim that her children were either Cherokee or Sioux, the State notified all federally recognized Cherokee or Sioux tribes by certified mail.”
In Re Colnar, 757 P.2d 534 (Wash. Ct. App. 1988). · cites it 2× “4 RCW 13.34.070 provides in part: "(9) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt…”
Dep't of Soc. & Health Servs. v. Saint-Louis, 355 P.3d 345 (Wash. Ct. App. 2015). “040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (3) or (4) of this section applies: (a) That the child has been found to be a dependent child; (b) That the court has entered a dispositional order…”
— Wash. Rev. Code § 13.34.070(1) — 19 cases
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…”
Matter of Dependency of H., 859 P.2d 1258 (Wash. Ct. App. 1993).
In re Dependency of Baby Boy B., 554 P.3d 1196 (Wash. 2024).
Dep't of Soc. & Health Servs. v. Parvin, 326 P.3d 832 (Wash. Ct. App. 2014).
State Of Washington, V Michelle A. Desmet, 485 P.3d 356 (Wash. Ct. App. 2021).
— Wash. Rev. Code § 13.34.070(10) — 5 cases
Dep't of Soc. & Health Servs. v. Gilfillen, 126 Wash. App. 181 (Wash. Ct. App. 2005). “At the time of the termination trial, former RCW 13.34.070 (2000) 11 provided in part: (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of…”
In Re Dependency of TLG, 108 P.3d 156 (Wash. Ct. App. 2005). “At the time of the termination trial, former RCW 13.34.070 (2000) [11] provided in part: (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member or is eligible to be a member of an Indian tribe, notice of…”
In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Welfare of LNB-L., 237 P.3d 944 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Welfare of Lnb-L, 234 P.3d 311 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 13.34.070(10)(a) — 5 cases
In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Welfare of LNB-L., 237 P.3d 944 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Welfare of CB, 143 P.3d 846 (Wash. Ct. App. 2006). “RCW 13.34.070(10)(a). ¶ 50 Here, on the strength of Bartman's claim that her children were either Cherokee or Sioux, the State notified all federally recognized Cherokee or Sioux tribes by certified mail.”
In re the Welfare of C.B., 134 Wash. App. 942 (Wash. Ct. App. 2006). “RCW 13.34.070(10)(a). ¶50 Here, on the strength of Bartman’s claim that her children were either Cherokee or Sioux, the State notified all federally recognized Cherokee or Sioux tribes by certified mail.”
In Re Welfare of Lnb-L, 234 P.3d 311 (Wash. Ct. App. 2010).
— Wash. Rev. Code § 13.34.070(2) — 3 cases
In Re The Dependency Of: C.m.l. (Wash. Ct. App. 2023).
— Wash. Rev. Code § 13.34.070(3) — 1 case
In Re The Dependency Of: C.m.l. (Wash. Ct. App. 2023).
— Wash. Rev. Code § 13.34.070(4) — 1 case
In Re the Pers. Restraint of King, 756 P.2d 1303 (Wash. 1988). “110 and the juvenile dependency statute (RCW 13.34.070), the court ordered the Kings jailed until such time as they revealed the location of their son.”
— Wash. Rev. Code § 13.34.070(6) — 1 case
In Re the Pers. Restraint of King, 756 P.2d 1303 (Wash. 1988). “110 and the juvenile dependency statute (RCW 13.34.070), the court ordered the Kings jailed until such time as they revealed the location of their son.”
— Wash. Rev. Code § 13.34.070(7) — 1 case
King v. Dep't of Soc. & Health Servs., 738 P.2d 289 (Wash. Ct. App. 1987).
— Wash. Rev. Code § 13.34.070(8) — 9 cases
Dep't of Soc. & Health Servs. v. Saint-Louis, 355 P.3d 345 (Wash. Ct. App. 2015). “040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (3) or (4) of this section applies: (a) That the child has been found to be a dependent child; (b) That the court has entered a dispositional order…”
In re the Parental Rights to K.M.M., 187 Wash. App. 545 (Wash. Ct. App. 2015).
In Re Dependency of Dm, 149 P.3d 433 (Wash. Ct. App. 2006).
Kathy C. v. Dep't of Soc. & Health Servs., 78 Wash. App. 143 (Wash. Ct. App. 1995).
— Wash. Rev. Code § 13.34.070(9) — 5 cases
In re the Welfare of L.N.B.-L., 157 Wash. App. 215 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Colnar, 757 P.2d 534 (Wash. Ct. App. 1988). “4 RCW 13.34.070 provides in part: "(9) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt…”
Dep't of Soc. & Health Servs. v. Priscilla S., 964 P.2d 404 (Wash. Ct. App. 1998).
In Re Welfare of LNB-L., 237 P.3d 944 (Wash. Ct. App. 2010). “Former RCW 13.34.070(10) (Laws of 2000, ch. 122, § 8); former RCW 13.”
In Re Welfare of Lnb-L, 234 P.3d 311 (Wash. Ct. App. 2010).
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