Wash. Rev. Code » Title 13 · Chapter 13.38

Wash. Rev. Code § 13.38.160

Improper removal of Indian child

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If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.
[ 2011 c 309 s 16.]
Notes of Decisions
Cited in 9 cases (6 in the last 5 years), 2019–2025 · leading case: In re Dependency of A.L.K., L.R.C.K.-S., D.B.C.K.-S.
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In re Dependency of A.L.K., L.R.C.K.-S., D.B.C.K.-S. (2020) wash · cites it 2× “§ 1920 ; see also RCW 13.38.160. The finding of dependency is unaffected.”
In Re The Welfare Of A.l.c. (2019) washctapp “RCW 13.38.160. Here, the Department has improperly maintained A.”
In re Dependency of G.J.A. (2021) wash “§ 1920 ; RCW 13.38.160 (same). This remedy is proper during the early stages of a dependency or any other stage where removal of the child may have been improper.”
In the Matter of the Dependency of: A.T. (2024) washctapp · cites it 8× “This finding was amply supported by the record. Thus, the juvenile court was justified in ordering that A.”
In re Dependency of C.J.J.I. (2025) wash · cites it 4× “See RCW 13.38.160. 2 No. 103768-6 BACKGROUND M.”
In the Matter of the Dependency of: R.D. (2023) washctapp · cites it 2× “CONCLUSION While the active efforts requirement formally applies to social services providers, in practice it also applies to courts. See G.J.A., 197 Wn.2d at 902. When presented with a case that may involve an Indian child, courts must be proactive and ensure at every stage of…”
In the Matter of the Welfare of: C.J.J.I. (2024) washctapp · cites it 2× “” RCW 13.38.160. In In re Dependency of A.T.”
In Re The Welfare Of A.L.C. (2019) washctapp “RCW 13.38.160. Here, the Department has improperly maintained A.”
In the Matter of the Dependency of: J.R. (2023) washctapp “§ 1920 ; RCW 13.38.160. We reverse the disposition order and remand with directions to immediately return J.”
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