reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.33 - Adoption. › 26.33.420 - Postadoption contact between siblings—Intent—Findings.

RCW 26.33.420
Postadoption contact between siblings—Intent—Findings.
The legislature finds that the importance of children's relationships with their siblings is well recognized in law and science. The bonds between siblings are often irreplaceable, leading some experts to believe that sibling relationships can be longer lasting and more influential than any other over a person's lifetime. For children who have been removed from home due to abuse or neglect, these bonds are often much stronger because siblings have learned early the importance of depending on one another and cooperating in order to cope with their common problems. The legislature further finds that when children are in the foster care system they typically have some degree of contact or visitation with their siblings even when they are not living together. The legislature finds, however, that when one or more of the siblings is adopted from foster care, these relationships may be severed completely if an open adoption agreement fails to attend to the needs of the siblings for continuing postadoption contact. The legislature intends to promote a greater focus, in permanency planning and adoption proceedings, on the interests of siblings separated by adoptive placements and to encourage the inclusion in adoption agreements of provisions to support ongoing postadoption contact between siblings.
[ 2009 c 234 § 1.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.33 - Adoption. › 26.33.430 - Postadoption contact between siblings—Duty of court.

RCW 26.33.430
Postadoption contact between siblings—Duty of court.
The court, in reviewing and approving an agreement under RCW 26.33.295 for the adoption of a child from foster care, shall encourage the adoptive parents, birth parents, foster parents, kinship caregivers, and the department or other supervising agency to seriously consider the long-term benefits to the child adoptee and siblings of the child adoptee of providing for and facilitating continuing postadoption contact between siblings. To the extent feasible, and when in the best interests of the child adoptee and siblings of the child adoptee, contact between the siblings should be frequent and of a similar nature as that which existed prior to the adoption. If the child adoptee or known siblings of the child adoptee are represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child custody proceeding, the court shall inquire of each attorney and guardian ad litem regarding the potential benefits of continuing contact between the siblings and the potential detriments of severing contact.
[ 2009 c 234 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.33 - Adoption. › 26.33.900 - Effective date—Application—1984 c 155.

RCW 26.33.900
Effective date—Application—1984 c 155.
This act shall take effect January 1, 1985. Any proceeding initiated before January 1, 1985, shall be governed by the law in effect on the date the proceeding was initiated.
[ 1984 c 155 § 41.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.33 - Adoption. › 26.33.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 26.33.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 70.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.33 - Adoption. › 26.33.903 - Construction—Religious or nonprofit organizations.

RCW 26.33.903
Construction—Religious or nonprofit organizations.
Nothing contained in chapter 3, Laws of 2012 shall be construed to alter or affect existing law regarding the manner in which a religious or nonprofit organization may be licensed to and provide adoption, foster care, or other child-placing services under this chapter or chapter 74.15 or 74.13 RCW.
[ 2012 c 3 § 14 (Referendum Measure No. 74, approved November 6, 2012).]
NOTES:
Notice—2012 c 3: See note following RCW 26.04.010.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.020 - Financial responsibility.

RCW 26.34.020
Financial responsibility.
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of RCW 26.16.205 and 26.20.030 shall apply.
[ 1971 ex.s. c 168 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.030 - "Appropriate public authorities" defined.

RCW 26.34.030
"Appropriate public authorities" defined.
The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children shall, with reference to this state, mean the department of children, youth, and families, and said agency shall receive and act with reference to notices required by said Article III.
[ 2017 3rd sp.s. c 6 § 330; 1971 ex.s. c 168 § 3.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.040 - "Appropriate authority of the receiving state" defined.

RCW 26.34.040
"Appropriate authority of the receiving state" defined.
As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state shall mean the department of children, youth, and families.
[ 2017 3rd sp.s. c 6 § 331; 1971 ex.s. c 168 § 4.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.050 - Authority of state officers and agencies to enter into agreements—Approval.

RCW 26.34.050
Authority of state officers and agencies to enter into agreements—Approval.
The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the director of financial management in the case of the state and of the treasurer in the case of a subdivision of the state.
[ 1979 c 151 § 10; 1971 ex.s. c 168 § 5.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.060 - Jurisdiction of courts.

RCW 26.34.060
Jurisdiction of courts.
Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
[ 1971 ex.s. c 168 § 6.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.070 - "Executive head" defined—Compact administrator.

RCW 26.34.070
"Executive head" defined—Compact administrator.
As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII.
[ 1971 ex.s. c 168 § 7.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.34 - Interstate Compact on Placement of Children. › 26.34.080 - Violations—Penalty.

RCW 26.34.080
Violations—Penalty.
Any person, firm, corporation, association or agency which places a child in the state of Washington without meeting the requirements set forth herein, or any person, firm, corporation, association or agency which receives a child in the state of Washington, where there has been no compliance with the requirements set forth herein, shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense.
[ 1971 ex.s. c 168 § 8.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.005 - Short title—2022 c 88.

RCW 26.38.005
Short title—2022 c 88.
Chapter 88, Laws of 2022 may be known and cited as the uniform unregulated child custody transfer act.
[ 2022 c 88 § 101.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.010 - Definitions.

RCW 26.38.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means an unemancipated individual under 18 years of age.
(2) "Child-placing agency" means a person with authority under chapter 74.15 RCW to identify or place a child for adoption. "Child-placing agency" does not include a parent of the child.
(3) "Custody" has the same meaning as "physical custody" as defined in RCW 26.27.021.
(4) "Department" means the department of children, youth, and families.
(5) "Guardian" means a person recognized as a legal guardian under RCW 26.33.020 or under chapter 11.130 RCW.
(6) "Intercountry adoption" means an adoption or placement for adoption of a child who resides in a foreign country at the time of adoption or placement. "Intercountry adoption" includes an adoption finalized in the child's country of residence or in a state.
(7) "Intermediary" means a person that assists or facilitates a transfer of custody of a child, whether or not for compensation.
(8) "Parent" has the same meaning as defined in RCW 26.26A.010.
(9) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(10) "Record" means information:
(a) Inscribed on a tangible medium; or
(b) Stored in an electronic or other medium and retrievable in perceivable form.
(11) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian tribe.
[ 2022 c 88 § 102.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.020 - Limitation on applicability—2022 c 88.

RCW 26.38.020
Limitation on applicability—2022 c 88.
Chapter 88, Laws of 2022 does not apply to custody of an Indian child, as defined in the Indian child welfare act of 1978, 25 U.S.C. Sec. 1903, as amended, to the extent custody is governed by the Indian child welfare act of 1978, 25 U.S.C. Secs. 1901 through 1963, as amended.
[ 2022 c 88 § 103.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.100 - Applicability.

RCW 26.38.100
Applicability.
This section, RCW 26.38.110, 26.38.120, and 26.38.130 do not apply to a transfer of custody of a child by a parent or guardian of the child to:
(1) A parent of the child;
(2) A stepparent of the child;
(3) An adult who is related to the child by blood or by law;
(4) An adult who, at the time of the transfer, had a close relationship with the child or the parent or guardian of the child for a substantial period, and whom the parent or guardian reasonably believes, at the time of the transfer, to be a fit custodian of the child;
(5) An Indian custodian, as defined in the Indian child welfare act of 1978, 25 U.S.C. Sec. 1903, as amended, of the child;
(6) A member of the child's customary family unit recognized by the child's Indian tribe under chapter 13.38 RCW; or
(7) A delegation by a parent pursuant to RCW 11.130.145.
[ 2022 c 88 § 201.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.110 - Prohibited custody transfer.

RCW 26.38.110
Prohibited custody transfer.
(1) Except as provided in subsection (2) of this section, a parent or guardian of a child or an individual with whom a child has been placed for adoption may not transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child.
(2) A parent or guardian of a child or an individual with whom a child has been placed for adoption may transfer custody of the child to another person with the intent, at the time of the transfer, to abandon the rights and responsibilities concerning the child only through:
(a) A judicial award of custody under chapter 11.130 or 13.34 RCW or this title;
(b) Placement by or through a child-placing agency;
(c) A judicial award of custody or other action in a tribal court; or
(d) Transfer of a newborn to a qualified person under RCW 13.34.360.
(3) A person may not receive custody of a child, or act as an intermediary in a transfer of custody of a child, if the person knows or reasonably should know the transfer violates subsection (1) of this section. This prohibition does not apply if the person, as soon as practicable after the transfer, notifies the department or law enforcement of the transfer or takes appropriate action to establish custody under subsection (2) of this section.
(4) Violation of this section is a gross misdemeanor.
(5) Violation of subsection (1) of this section is not established solely because a parent or guardian that transfers custody of a child or makes a delegation pursuant to RCW 11.130.145 does not regain custody.
(6) For purposes of this section, "abandon" has the same meaning as "abandoned" in RCW 13.34.030.
[ 2022 c 88 § 202.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.120 - Authority and responsibility of the department.

RCW 26.38.120
Authority and responsibility of the department.
(1) If the department has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation of RCW 26.38.110(1), the department must respond in accordance with chapter 74.13 RCW.
(2) If the department provides a child protective services response in accordance with chapter 26.44 RCW for a child adopted or placed through an intercountry adoption, the department shall:
(a) Prepare a report on the welfare and plan for permanent placement of the child; and
(b) Provide a copy of the report to the United States department of state. For the purpose of preventing child abuse or neglect, the department of children, youth, and families may disclose to the United States department of state only those confidential child welfare records that may assist the United States department of state in informing the child's country of origin that the custody of the child has been transferred in an unregulated custody transfer and describing the child's welfare and plan for permanent placement of the child. The records retain their confidentiality subject to RCW 13.50.100 and federal law.
(3) Chapter 88, Laws of 2022 does not prevent the department from taking any appropriate action to protect the welfare of the child.
[ 2022 c 88 § 203.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.130 - Advertisements—Prohibitions—Exceptions—Application of consumer protection act.

RCW 26.38.130
Advertisements—Prohibitions—Exceptions—Application of consumer protection act.
(1) Unless the context clearly requires otherwise, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast, or the electronic medium. This definition applies throughout this section.
(2) No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, within the geographic borders of this state, an advertisement of a child or children offered or wanted for adoption or other custody transfer, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption or other custody transfer unless such person or entity is:
(a) A duly authorized agent, contractee, or employee of the department or a children's agency or institution licensed by the department to care for and place children;
(b) A person who has a completed preplacement report as set forth in RCW 26.33.190 (1) and (2) or chapter 26.34 RCW with a favorable recommendation as to the fitness of the person to be an adoptive parent, or such person's duly authorized uncompensated agent, or such person's attorney who is licensed to practice in the state. Verification of compliance with the requirements of this section shall consist of a written declaration by the person or entity who prepared the preplacement report.
Nothing in this section prohibits an attorney licensed to practice in Washington state from advertising his or her availability to practice or provide services related to the adoption or other custody transfer of children.
(3)(a) A violation of subsection (2) of this section is a matter affecting the public interest and constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.
(b) The attorney general may bring an action in the name of the state against any person violating the provisions of this section in accordance with the provisions of RCW 19.86.080.
(c) Nothing in this section applies to any radio or television station or any publisher, printer, or distributor of any newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this section after an attempt to verify the advertising is in compliance with this section.
[ 2022 c 88 § 204; 2006 c 248 § 4; 1991 c 136 § 6; 1989 c 255 § 1. Formerly RCW 26.33.400.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.200 - Uniformity of application and construction.

RCW 26.38.200
Uniformity of application and construction.
In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
[ 2022 c 88 § 301.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.210 - Relation to electronic signatures in global and national commerce—2022 c 88.

RCW 26.38.210
Relation to electronic signatures in global and national commerce—2022 c 88.
Chapter 88, Laws of 2022 modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
[ 2022 c 88 § 302.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.38 - Uniform Unregulated Child Custody Transfer Act. › 26.38.220 - Transitional provisions.

RCW 26.38.220
Transitional provisions.
RCW 26.38.100 through 26.38.120 and 26.38.130 apply to:
(1) A transfer of custody on or after June 9, 2022; and
(2) Soliciting or advertising on or after June 9, 2022.
[ 2022 c 88 § 303.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.010 - Declaration of purpose.

RCW 26.40.010
Declaration of purpose.
The purpose of this chapter is to assure the right of every child with disabilities to parental love and care as long as possible, to provide for adequate custody of a child with a disability who has lost parental care, and to make available to the child with a disability the services of the state through its various departments and agencies.
[ 2020 c 274 § 5; 1977 ex.s. c 80 § 22; 1955 c 272 § 1.]
NOTES:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.020 - Removal, denial of parental responsibility—Commitment not an admission requirement to any school.

RCW 26.40.020
Removal, denial of parental responsibility—Commitment not an admission requirement to any school.
So long as the parents of a child with a disability are able to assume parental responsibility for such child, their parental responsibility may not be removed or denied, and commitment by the state or any officer or official thereof shall never be a requirement for the admission of such child to any state school, or institution, or to the common schools.
[ 2020 c 274 § 6; 1955 c 272 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.030 - Petition by parent for order of commitment—Grounds.

RCW 26.40.030
Petition by parent for order of commitment—Grounds.
The parents or parent of any child who is temporarily or permanently delayed in normal educational processes and/or normal social adjustment by reason of physical, sensory or mental disability, or by reason of social or emotional maladjustment, or by reason of other disability, may petition the superior court for the county in which such child resides for an order for the commitment of such child to custody as provided in RCW 26.40.040, as now or hereafter amended.
[ 2020 c 274 § 7; 1977 ex.s. c 80 § 23; 1955 c 272 § 3.]
NOTES:
Purpose—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.040 - Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective date.

RCW 26.40.040
Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective date.
The petition for an order for the commitment of a child to custody shall request the court to issue an order for the commitment of such child to the co-custody of the state and a relative or relatives, a friend or friends, an attorney or attorneys, a church through its chief officers, a fraternal organization through its chief officers, or a service organization through its chief officers, who shall be named in the petition. The petition shall also request the court to issue such order making the commitment of such child to custody effective as of the date that both parents of such child are deceased or are determined by the court to be unable to continue parental responsibilities for such child as provided in RCW 26.40.070.
[ 1955 c 272 § 4.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.050 - Petition by parent for order of commitment—Hearing—Written consent of co-custodians required.

RCW 26.40.050
Petition by parent for order of commitment—Hearing—Written consent of co-custodians required.
Upon the filing of a petition for an order for the commitment of a child to custody, a hearing upon such petition shall be held in open court, and, if the court finds that the petition should be granted, the court shall issue an order for the commitment of the child to custody as petitioned and not otherwise. Written consent of the co-custodians other than the state must be filed with the court before such order for commitment may be issued.
[ 1955 c 272 § 5.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.060 - Notice, copies, filing of order of commitment.

RCW 26.40.060
Notice, copies, filing of order of commitment.
Upon the issuance of an order for the commitment of a child to custody, the court shall transmit copies thereof to the co-custodians named therein. For the state as co-custodian the copy of such order shall be filed with the department of social and health services whose duty it shall be to notify the state superintendent of public instruction, the state department of social and health services, and such other state departments or agencies as may have services for the child, of the filing of such order, which notice shall be given by the department of social and health services at the time commitment to custody becomes effective under the order.
[ 1982 c 35 § 195; 1979 c 141 § 35; 1955 c 272 § 6.]
NOTES:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.070 - Petition by parent for rescission, change in co-custodians, determination of parental responsibility.

RCW 26.40.070
Petition by parent for rescission, change in co-custodians, determination of parental responsibility.
The parents or parent upon whose petition an order for the commitment of a child to custody has been issued may, before such commitment becomes effective, petition the court for a rescission of the order or for a change in the co-custodians other than the state, or to determine that they are unable to continue parental responsibilities for the child, and the court shall proceed on such petition as on the original petition.
[ 1955 c 272 § 7.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.080 - Health and welfare of committed child—State and co-custodian responsibilities.

RCW 26.40.080
Health and welfare of committed child—State and co-custodian responsibilities.
It shall be the responsibility of the state and the appropriate departments and agencies thereof to discover methods and procedures by which the mental and/or physical health of the child in custody may be improved and, with the consent of the co-custodians, to apply those methods and procedures. The co-custodians other than the state shall have no financial responsibility for the child committed to their co-custody except as they may in written agreement with the state accept such responsibility. At any time after the commitment of such child they may inquire into his or her well-being, and the state and any of its agencies may do nothing with respect to the child that would in any way affect his or her mental or physical health without the consent of the co-custodians. The legal status of the child may not be changed without the consent of the co-custodians. If it appears to the state as co-custodian of a child that the health and/or welfare of such child is impaired or jeopardized by the failure of the co-custodians other than the state to consent to the application of certain methods and procedures with respect to such child, the state through its proper department or agency may petition the court for an order to proceed with such methods and procedures. Upon the filing of such petition a hearing shall be held in open court, and if the court finds that such petition should be granted it shall issue the order.
[ 2011 c 336 § 699; 1955 c 272 § 8.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.090 - Petition by co-custodians for rescission of commitment—Hearing.

RCW 26.40.090
Petition by co-custodians for rescission of commitment—Hearing.
When the co-custodians of any child committed to custody under provisions of this chapter agree that such child is no longer in need of custody they may petition the court for a rescission of the commitment to custody. Upon the filing of such petition a hearing shall be held in open court and if the court finds that such petition should be granted it shall rescind the order of commitment to custody.
[ 1955 c 272 § 9.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.40 - Children With Disabilities. › 26.40.100 - Chapter does not affect commitments under other laws.

RCW 26.40.100
Chapter does not affect commitments under other laws.
Nothing in this chapter shall be construed as affecting the authority of the courts to make commitments as otherwise provided by law.
[ 1955 c 272 § 10.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.010 - Declaration of purpose.

RCW 26.44.010
Declaration of purpose.
The Washington state legislature finds and declares: The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect, death, sexual abuse and cruelty to children by their parents, custodians or guardians have occurred, and in the instance where a child is deprived of his or her right to conditions of minimal nurture, health, and safety, the state is justified in emergency intervention based upon verified information; and therefore the Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of such children. When the child's physical or mental health is jeopardized, or the safety of the child conflicts with the legal rights of a parent, custodian, or guardian, the health and safety interests of the child should prevail. When determining whether a child and a parent, custodian, or guardian should be separated during or immediately following an investigation of alleged child abuse or neglect, the safety of the child shall be the department's paramount concern. Reports of child abuse and neglect shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information or actions. This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare and safety.
[ 2012 c 259 § 12; 1999 c 176 § 27; 1987 c 206 § 1; 1984 c 97 § 1; 1977 ex.s. c 80 § 24; 1975 1st ex.s. c 217 § 1; 1969 ex.s. c 35 § 1; 1965 c 13 § 1.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.015 - Limitations of chapter.

RCW 26.44.015
Limitations of chapter.
(1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, or safety.
(2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.
(3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other disability.
[ 2020 c 274 § 8; 2005 c 512 § 4; 1999 c 176 § 28; 1997 c 386 § 23; 1993 c 412 § 11.]
NOTES:
Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.032 - Legal defense of public employee.

RCW 26.44.032
Legal defense of public employee.
In cases in which a public employee subject to RCW 26.44.030 acts in good faith and without gross negligence in his or her reporting duty, and if the employee's judgment as to what constitutes reasonable cause to believe that a child has suffered abuse or neglect is being challenged, the public employer shall provide for the legal defense of the employee.
[ 1999 c 176 § 31; 1988 c 87 § 1.]
NOTES:
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.035 - Response to complaint by more than one agency—Procedure—Written records.

RCW 26.44.035
Response to complaint by more than one agency—Procedure—Written records.
(1) If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.
(2) The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency.
(3) Every employee of the department who conducts an interview of any person involved in an allegation of abuse or neglect shall retain his or her original written records or notes setting forth the content of the interview unless the notes were entered into the electronic system operated by the department which is designed for storage, retrieval, and preservation of such records.
(4) Written records involving child sexual abuse shall, at a minimum, be a near verbatim record for the disclosure interview. The near verbatim record shall be produced within fifteen calendar days of the disclosure interview, unless waived by management on a case-by-case basis.
(5) Records kept under this section shall be identifiable by means of an agency code for child abuse.
[ 1999 c 389 § 7; 1997 c 386 § 26; 1985 c 259 § 3.]
NOTES:
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Legislative findings—1985 c 259: See note following RCW 26.44.030.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.040 - Reports—Oral, written—Contents.

RCW 26.44.040
Reports—Oral, written—Contents.
An immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the department and, upon request, must be followed by a report in writing. Such reports must contain the following information, if known:
(1) The name, address, and age of the child;
(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child;
(3) The nature and extent of the alleged injury or injuries;
(4) The nature and extent of the alleged neglect;
(5) The nature and extent of the alleged sexual abuse;
(6) Any evidence of previous injuries, including their nature and extent; and
(7) Any other information that may be helpful in establishing the cause of the child's death, injury, or injuries and the identity of the alleged perpetrator or perpetrators.
[ 2017 3rd sp.s. c 6 § 323; 1999 c 176 § 32; 1997 c 386 § 27; 1993 c 412 § 14; 1987 c 206 § 4; 1984 c 97 § 4; 1977 ex.s. c 80 § 27; 1975 1st ex.s. c 217 § 4; 1971 ex.s. c 167 § 2; 1969 ex.s. c 35 § 4; 1965 c 13 § 4.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.050 - Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order, when.

RCW 26.44.050
Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order, when.
Except as provided in RCW 26.44.030(12), upon the receipt of a report alleging that abuse or neglect has occurred, the law enforcement agency or the department must investigate and provide the protective services section with a report in accordance with chapter 74.13 RCW, and where necessary to refer such report to the court.
A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that taking the child into custody is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect, and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the department investigating such a report is hereby authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of the child.
[ 2021 c 211 § 5; 2020 c 71 § 1; 2017 3rd sp.s. c 6 § 324; 2012 c 259 § 5; 1999 c 176 § 33. Prior: 1987 c 450 § 7; 1987 c 206 § 5; 1984 c 97 § 5; 1981 c 164 § 3; 1977 ex.s. c 291 § 51; 1977 ex.s. c 80 § 28; 1975 1st ex.s. c 217 § 5; 1971 ex.s. c 302 § 15; 1969 ex.s. c 35 § 5; 1965 c 13 § 5.]
NOTES:
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2012 c 259 §§ 1 and 3-10: See note following RCW 26.44.020.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.053 - Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.

RCW 26.44.053
Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.
(1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings.
(2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the alleged abuse or neglect of the child.
(3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person's interest in and custody or control of the child.
[ 1997 c 386 § 28; 1996 c 249 § 16; 1994 c 110 § 1; 1993 c 241 § 4. Prior: 1987 c 524 § 11; 1987 c 206 § 7; 1975 1st ex.s. c 217 § 8.]
NOTES:
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Intent—1996 c 249: See note following RCW 2.56.030.
Conflict with federal requirements—1993 c 241: See note following RCW 13.34.030.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.056 - Protective detention or custody of abused child—Probable cause—Notice—Time limits—Liability.

RCW 26.44.056
Protective detention or custody of abused child—Probable cause—Notice—Time limits—Liability.
(1) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect, and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order under RCW 13.34.050: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040. Such notification shall be made as soon as possible and in no case longer than seventy-two hours. Such temporary protective custody by an administrator or doctor shall not be deemed an arrest. Child protective services may detain the child until the court assumes custody, but in no case longer than seventy-two hours, excluding Saturdays, Sundays, and holidays.
(2) A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held liable in any civil action for the decision for taking the child into custody, if done in good faith under this section.
[ 2021 c 211 § 4; 1983 c 246 § 3; 1982 c 129 § 8; 1975 1st ex.s. c 217 § 9.]
NOTES:
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Severability—1982 c 129: See note following RCW 9A.04.080.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.060 - Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.

RCW 26.44.060
Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.
(1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter, testifying as to alleged child abuse or neglect in a judicial proceeding, or otherwise providing information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall in so doing be immune from any civil or criminal liability arising out of such reporting or testifying under any law of this state or its political subdivisions.
(b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.
(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.
(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.
(4) A person who, intentionally and in bad faith, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.
(5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur.
[ 2020 c 71 § 2; 2007 c 118 § 1; 2004 c 37 § 1; 1997 c 386 § 29; 1988 c 142 § 3; 1982 c 129 § 9; 1975 1st ex.s. c 217 § 6; 1965 c 13 § 6.]
NOTES:
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Severability—1982 c 129: See note following RCW 9A.04.080.
Nurse-patient privilege subject to RCW 26.44.060(3): RCW 5.62.030.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.061 - False reporting—Statement warning against—Determination letter and referral.

RCW 26.44.061
False reporting—Statement warning against—Determination letter and referral.
(1) The child protective services section shall prepare a statement warning against false reporting of alleged child abuse or neglect for inclusion in any instructions, informational brochures, educational forms, and handbooks developed or prepared for or by the department and relating to the reporting of abuse or neglect of children. Such statement shall include information on the criminal penalties that apply to false reports of alleged child abuse or neglect under RCW 26.44.060(4). It shall not be necessary to reprint existing materials if any other less expensive technique can be used. Materials shall be revised when reproduced.
(2) The child protective services section shall send a letter by certified mail to any person determined by the section to have made a false report of child abuse or neglect informing the person that such a determination has been made and that a second or subsequent false report will be referred to the proper law enforcement agency for investigation.
[ 2007 c 118 § 2.]