Wash. Rev. Code » Title 13 · Chapter 13.38

Wash. Rev. Code § 13.38.140

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(1) Notwithstanding any other provision of federal or state law, nothing shall be construed to prevent the department or law enforcement from the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the child.
(2) The department or law enforcement agency shall ensure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the federal Indian child welfare act and this chapter to transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the child's parent or Indian custodian, if appropriate.
(3) When the nature of the emergency allows, the department must notify the child's tribe before the removal has occurred. If prior notification is not possible, the department shall notify the child's tribe by the quickest means possible. The notice must contain the basis for the Indian child's removal, the time, date, and place of the initial hearing, and the tribe's right to intervene and participate in the proceeding. This notice shall not constitute the notice required under RCW 13.38.070 for purposes of subsequent dependency, termination of parental rights, or adoption proceedings.
[ 2011 c 309 s 14.]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2019–2024 · leading case: In re Dependency of Z.J.G.
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In re Dependency of Z.J.G. (2020) wash “§ 1922 ; RCW 13.38.140(2). With the correct “reason to know” finding, ICWA and WICWA standards should have applied to this case “until it [was] determined on the record that the child[ren did] not meet the definition of an ‘Indian child.”
Dependency Of: Z.j.g. 9/3/16, Scott James Greer v. Dshs (2019) washctapp · cites it 3× “The reason-to-know standard turns on evidence that the child is a tribal member, or the child is eligible for tribal membership and a biological parent is a 118We note that the form shelter care order does not include a box or specific space to find or explain the nature of the…”
In re Dependency of Z.J.G. (2020) wash “§ 1922 ; RCW 13.38.140(2). With the correct “reason to know” finding, ICWA and WICWA standards should have applied to this case “until it [was] determined on the record that the child[ren did] not meet the definition of an ‘Indian child.”
In the Matter of the Welfare of: C.J.J.I. (2024) washctapp “RCW 13.38.140(2) requires an express finding.”
— Wash. Rev. Code § 13.38.140(1) — 1 case
Dependency Of: Z.j.g. 9/3/16, Scott James Greer v. Dshs (2019) washctapp “The reason-to-know standard turns on evidence that the child is a tribal member, or the child is eligible for tribal membership and a biological parent is a 118We note that the form shelter care order does not include a box or specific space to find or explain the nature of the…”
— Wash. Rev. Code § 13.38.140(2) — 3 cases
In re Dependency of Z.J.G. (2020) wash “§ 1922 ; RCW 13.38.140(2). With the correct “reason to know” finding, ICWA and WICWA standards should have applied to this case “until it [was] determined on the record that the child[ren did] not meet the definition of an ‘Indian child.”
In re Dependency of Z.J.G. (2020) wash “§ 1922 ; RCW 13.38.140(2). With the correct “reason to know” finding, ICWA and WICWA standards should have applied to this case “until it [was] determined on the record that the child[ren did] not meet the definition of an ‘Indian child.”
In the Matter of the Welfare of: C.J.J.I. (2024) washctapp “RCW 13.38.140(2) requires an express finding.”
— Wash. Rev. Code § 13.38.140(3) — 1 case
Dependency Of: Z.j.g. 9/3/16, Scott James Greer v. Dshs (2019) washctapp “The reason-to-know standard turns on evidence that the child is a tribal member, or the child is eligible for tribal membership and a biological parent is a 118We note that the form shelter care order does not include a box or specific space to find or explain the nature of the…”
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