Wash. Rev. Code » Title 13 · Chapter 13.38
Revised Code of Washington

Wash. Rev. Code § 13.38.050 (2026)

Determination of Indian status

✓ current as of May 2026
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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 has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe to determine if the child is an Indian child, and by contacting any Indian tribe in which the child may be a member or may be eligible for membership. Preliminary contacts for the purpose of making a good faith effort to determine a child's possible Indian status , do not constitute legal notice as required by RCW 13.38.070.
[ 2011 c 309 s 5.]
Notes of Decisions
Cited in 5 cases, 2018–2020 · leading case: Dependency Of: Z.j.g. 9/3/16, Scott James Greer v. Dshs (Wash. Ct. App. 2019).
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Dependency Of: Z.j.g. 9/3/16, Scott James Greer v. Dshs (Wash. Ct. App. 2019). · cites it 2× “92 See RCW 13.38.050 (“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.”
In the Matter of the Dependency of: A.L.K. (Wash. Ct. App. 2020). · cites it 2× “Rather, “[a]n assertion of Indian heritage” merely “triggers the Department’s duty to investigate” pursuant to RCW 13.38.050 and WAC 110-110-0030(1). Dependency of Z.”
In Re The Dependency Of: G.l.b.: C.f., App. v. State Of Wa., Res. (Wash. Ct. App. 2018). “Under RCW 13.38.050, 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.”
In Re Arjh, Alonso Enrique Hernandez v. Dshs State Of Wa (Wash. Ct. App. 2019). “" RCW 13.38.050. The court must treat the child as an "Indian child" unless and until it determines on the record that the child is not an "Indian child.”
Dep Of A.s., J.w., R.s (Wash. Ct. App. 2020). “34 RCW 13.38.050. 35 25 U.S.C. § 1912 (a), RCW 13.”
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