# RCW 13.34.040: RCW 13.34.040: Petition to court to deal with dependent child—Application of federal Indian child welfare act

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S040

## Section

- **Citation:** RCW 13.34.040
- **Heading:** RCW 13.34.040: Petition to court to deal with dependent child—Application of federal Indian child welfare act
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 13 / Chapter 34 / Section 040

## Text

(1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for filing such petitions. (2) Except where the department is the petitioner, in counties having paid probation officers, these officers shall, to the extent possible, first determine if a petition is reasonably justifiable. (3) Every petition filed in proceedings under this chapter shall contain a statement alleging whether there is a reason to know that the child is or may be an Indian child as defined in RCW 13.38.040 . If there is a reason to know that the child is or may be an Indian child chapter 13.38 RCW shall apply. (4) Every order or decree entered under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied. (5) Each petition shall be verified and contain a statement constituting a dependency, including the names, residence, and contact information, if known to the petitioner, of each parent, guardian, or custodian of the alleged dependent child. If the petitioner is seeking removal of the child from a parent, guardian, or custodian the petition shall contain a clear and specific statement as to the harm that will occur if the child remains in the care of the parent, guardian, or custodian, and the facts that support that conclusion.

## Nearby sections

- [RCW 13.34.010 RCW 13.34.010: Short title.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S010.md)
- [RCW 13.34.020 RCW 13.34.020: Legislative declaration of family unit as resource to be nurtured—Rights of child.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S020.md)
- [RCW 13.34.025 RCW 13.34.025: Child dependency cases—Coordination of services—Remedial services.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S025.md)
- [RCW 13.34.030 RCW 13.34.030: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S030.md)
- [RCW 13.34.035 RCW 13.34.035: Standard court forms—Rules—Administrative office of the courts to develop and establish—Failure to use or follow—Distribution.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S035.md)
- [RCW 13.34.040 RCW 13.34.040: Petition to court to deal with dependent child—Application of federal Indian child welfare act.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S040.md)
- [RCW 13.34.045 RCW 13.34.045: Educational liaison—Identification.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S045.md)
- [RCW 13.34.046 RCW 13.34.046: Educational liaison—Responsibilities—Background checks.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S046.md)
- [RCW 13.34.050 RCW 13.34.050: Court order to take child into custody, when—Hearing.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S050.md)
- [RCW 13.34.055 RCW 13.34.055: Custody by law enforcement officer—Release from liability.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S055.md)
- [RCW 13.34.060 RCW 13.34.060: Shelter care—Placement—Custody—Duties of parties.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S060.md)
- [RCW 13.34.062 RCW 13.34.062: Shelter care—Notice of custody and rights.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S062.md)
- [RCW 13.34.065 RCW 13.34.065: Shelter care—Hearing—Recommendation as to further need—Release.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S065.md)
- [RCW 13.34.067 RCW 13.34.067: Shelter care—Case conference—Service agreement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S067.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T13_C34_S040. Check the current official text before relying on it. Not legal advice.