reglab/housing_qa huggingface dataset:
WA Rev Code § 13.36.090 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.36 - Guardianship.|13.36.090 - Guardianship subsidies—Relative guardianship subsidy—Rules—Licensed foster parent eligibility.

RCW 13.36.090 Guardianship subsidies—Relative guardianship subsidy—Rules—Licensed foster parent eligibility.(1) A relative guardian who is a licensed foster parent at the time a guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a relative guardianship subsidy on behalf of the child. The department may establish rules setting eligibility, application, and program standards consistent with applicable federal guidelines for expenditure of federal funds.(2) Within amounts appropriated for this specific purpose, a guardian who is a licensed foster parent at the time a guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child.[ 2010 c 272 § 9.]
WA Rev Code § 13.38.010 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.010 - Short title.

RCW 13.38.010 Short title.This chapter shall be known and cited as the "Washington state Indian child welfare act."[ 2011 c 309 § 1.]
WA Rev Code § 13.38.020 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.020 - Application.

RCW 13.38.020 Application.This chapter shall apply in all child custody proceedings as that term is defined in this chapter. Whenever there is a conflict between chapter 13.32A, 13.34, 13.36, *26.10, or 26.33 RCW, the provisions of this chapter shall apply.[ 2011 c 309 § 2.]NOTES:*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 § 905. RCW 26.10.115 was repealed by 2021 c 215 § 170, effective July 1, 2022.
WA Rev Code § 13.38.030 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.030 - Findings and intent.

RCW 13.38.030 Findings and intent.The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the children, or the interests of their tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the federal Indian child welfare act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the state is committed to a placement that reflects and honors the unique values of the child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's tribe and tribal community.It is the intent of the legislature that this chapter is a step in clarifying existing laws and codifying existing policies and practices. This chapter shall not be construed to reject or eliminate current policies and practices that are not included in its provisions.The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section 109 of the federal Indian child welfare act. The legislature finds that this chapter specifies the minimum requirements that must be applied in a child custody proceeding and does not prevent the department from providing a higher standard of protection to the right of any Indian child, parent, Indian custodian, or Indian child's tribe.It is also the legislature's intent that the department's policy manual on Indian child welfare, the tribal-state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in the interpretation and implementation of the federal Indian child welfare act, this chapter, and other relevant state laws.[ 2011 c 309 § 3.]
WA Rev Code § 13.38.050 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.050 - Determination of Indian status.

RCW 13.38.050 Determination of Indian status.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 § 5.]
WA Rev Code § 13.38.060 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.060 - Jurisdiction.

RCW 13.38.060 Jurisdiction.(1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction, or the state is exercising emergency jurisdiction in strict compliance with RCW 13.38.140.(2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction, notwithstanding the residence or domicile of the child.[ 2011 c 309 § 6.]
WA Rev Code § 13.38.080 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.080 - Transfer of jurisdiction.

RCW 13.38.080 Transfer of jurisdiction.(1) In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe, upon the motion of any of the following persons:(a) Either of the child's parents;(b) The child's Indian custodian;(c) The child's tribe; or(d) The child, if age twelve or older.The transfer shall be subject to declination by the tribe. The tribe shall have seventy-five days to affirmatively respond to a motion or order transferring jurisdiction to the tribal court. A failure of the tribe to respond within the seventy-five day period shall be construed as a declination to accept transfer of the case.(2) If the child's tribe has not formally intervened, the moving party shall serve a copy of the motion and all supporting documents on the tribal court to which the moving party seeks transfer.(3) If either of the Indian child's parents objects to transfer of the proceeding to the Indian child's tribe, the court shall not transfer the proceeding.(4) Following entry of an order transferring jurisdiction to the Indian child's tribe:(a) Upon receipt of an order from a tribal court accepting jurisdiction, the state court shall dismiss the child custody proceeding without prejudice.(b) Pending receipt of such tribal court order, the state court may conduct additional hearings and enter orders which strictly comply with the requirements of the federal Indian child welfare act and this chapter. The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction.(c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement.[ 2011 c 309 § 8.]
WA Rev Code § 13.38.090 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.090 - Right to intervene.

RCW 13.38.090 Right to intervene.The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child.[ 2011 c 309 § 9.]
WA Rev Code § 13.38.100 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.100 - Full faith and credit.

RCW 13.38.100 Full faith and credit.The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings.[ 2011 c 309 § 10.]
WA Rev Code § 13.38.110 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.110 - Right to counsel.

RCW 13.38.110 Right to counsel.In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that the appointment is in the best interests of the Indian child.[ 2011 c 309 § 11.]
WA Rev Code § 13.38.120 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.120 - Right to examine reports, other documents.

RCW 13.38.120 Right to examine reports, other documents.Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based.[ 2011 c 309 § 12.]
WA Rev Code § 13.38.140 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.140 - Emergency removal or placement of Indian child—Notice.

RCW 13.38.140 Emergency removal or placement of Indian child—Notice.(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 § 14.]
WA Rev Code § 13.38.150 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.150 - Consent to foster care placement or termination of parental rights—Withdrawal.

RCW 13.38.150 Consent to foster care placement or termination of parental rights—Withdrawal.(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent is not valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court must also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid.(2) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian.(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the child shall be returned to the parent.(4) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress. Upon a finding that such consent was obtained through fraud or duress the court shall vacate the decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under this section unless otherwise allowed by state law.[ 2011 c 309 § 15.]
WA Rev Code § 13.38.160 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.160 - Improper removal of Indian child.

RCW 13.38.160 Improper removal of Indian child.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 § 16.]
WA Rev Code § 13.38.170 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.170 - Removal of Indian child from adoptive or foster care placement.

RCW 13.38.170 Removal of Indian child from adoptive or foster care placement.(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to their custody and the court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or prior Indian custodian is not in the best interests of the Indian child.(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.[ 2011 c 309 § 17.]
WA Rev Code § 13.38.190 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.38 - Indian Child Welfare Act.|13.38.190 - Review of cases—Standards and procedures—Compliance.

RCW 13.38.190 Review of cases—Standards and procedures—Compliance.(1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this chapter. These standards and procedures and the monitoring methods shall also be integrated into the department's child welfare contracting and contract monitoring process.(2) Nothing in this chapter shall affect, impair, or limit rights or remedies provided to any party under the federal Indian child welfare act, 25 U.S.C. Sec. 1914.[ 2011 c 309 § 19.]
WA Rev Code § 13.40.010 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.40 - Juvenile Justice Act of 1977.|13.40.010 - Short title—Intent—Purpose.

RCW 13.40.010 Short title—Intent—Purpose.(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.(2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:(a) Protect the citizenry from criminal behavior;(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;(c) Make the juvenile offender accountable for his or her criminal behavior;(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;(e) Provide due process for juveniles alleged to have committed an offense;(f) Provide for the rehabilitation and reintegration of juvenile offenders;(g) Provide necessary treatment, supervision, and custody for juvenile offenders;(h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;(i) Provide for restitution to victims of crime;(j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;(k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services;(l) Provide opportunities for victim participation in juvenile justice process, including court hearings on juvenile offender matters, and ensure that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and(m) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.[ 2016 c 136 § 1; 2004 c 120 § 1; 1997 c 338 § 8; 1992 c 205 § 101; 1977 ex.s. c 291 § 55.]NOTES:Effective date—2004 c 120: "This act takes effect July 1, 2004." [ 2004 c 120 § 11.]Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.Part headings not law—1992 c 205: "Part headings as used in this act do not constitute any part of the law." [ 1992 c 205 § 405.]Severability—1992 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 205 § 406.]Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
WA Rev Code § 13.40.030 (2021)
2021 Revised Code of Washington|Title 13 - Juvenile Courts and Juvenile Offenders|Chapter 13.40 - Juvenile Justice Act of 1977.|13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.

RCW 13.40.030 Security guidelines—Legislative review—Limitations on permissible ranges of confinement.(1) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.(2) The permissible ranges of confinement resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.[ 2003 c 207 § 5; 1996 c 232 § 5; 1989 c 407 § 3; 1985 c 73 § 1; 1983 c 191 § 6; 1981 c 299 § 5; 1979 c 155 § 55; 1977 ex.s. c 291 § 57.]NOTES:Effective dates—1996 c 232: "(1) Sections 1 through 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 28, 1996].(2) Section 9 of this act takes effect July 1, 1996." [ 1996 c 232 § 12.]Legislative ratification—1989 c 271: "The legislature ratifies the juvenile disposition standards commission guidelines submitted to the 1989 legislature and endorses the action to increase penalties for juvenile drug offenders." [ 1989 c 271 § 602.]Effective date—1985 c 73: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [ 1985 c 73 § 3.]Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.