| Wash.
Rev. Code § 26.33.040
West's
Revised Code of Washington
Title
26. Domestic Relations
Chapter
26.33. Adoption
26.33.040. Petitions--Application
of Indian child welfare act-- Requirements--Soldiers and Sailors Civil
Relief Act statement and findings
(1)(a) Every petition filed in proceedings under this chapter shall contain
a statement alleging whether the child is or may be an Indian child as
defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined
under the Indian child welfare act, the provisions of the act shall apply.
(b)
Every order or decree entered in any proceeding under this chapter shall
contain a finding that the Indian child welfare act does or does not apply.
Where there is a finding that the Indian child welfare act does apply,
the decree or order must also contain a finding that all notice requirements
and evidentiary requirements under the Indian child welfare act have been
satisfied.
(c)
In proceedings under this chapter, the adoption facilitator shall file
a sworn statement documenting efforts to determine whether an Indian child
as defined under the Indian child welfare act, 25 U.S.C. Sec. 1903, is
involved.
(d)
Whenever the court or the petitioning party knows or has reason to know
that an Indian child is involved in any termination, relinquishment, or
placement proceeding under this chapter, the petitioning party shall promptly
provide notice to the child's parent or Indian custodian and to the agent
designated by the child's Indian tribe to receive such notices. Notice
shall be by certified mail with return receipt requested. If the identity
or location of the parent or Indian custodian and the tribe cannot be
determined, notice shall be given to the secretary of the interior in
the manner described in 25 C.F.R. 23.11. If the child may be a member
of more than one tribe, the petitioning party shall send notice to all
tribes the petitioner has reason to know may be affiliated with the child.
(e)
The notice shall: (i) Contain a statement notifying the parent or custodian
and the tribe of the pending proceeding; and (ii) notify the tribe of
the tribe's right to intervene and/or request that the case be transferred
to tribal court.
(f)
No termination, relinquishment, or placement proceeding shall be held
until at least ten days after receipt of notice by the tribe. If the tribe
requests, the court shall grant the tribe up to twenty additional days
to prepare for such proceeding.
(2)
Every petition filed in proceedings under this chapter shall contain a
statement alleging whether the Soldiers and Sailors Civil Relief Act of
1940, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order
or decree entered in any proceeding under this chapter shall contain a
finding that the Soldiers and Sailors Civil Relief Act of 1940 does or
does not apply.
CREDIT(S)
[2004 c 64 § 2, eff.
June 10, 2004; 1991 c 136 § 1; 1984 c 155 § 4.]
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