(1) Whenever a child in need of services
petition is filed by: (a) A youth pursuant to RCW 13.32A.150;
(b) the child or the child's parent pursuant to RCW 13.32A.120;
or (c) the department pursuant to RCW 13.32A.140, the filing
party shall have a copy of the petition served on the parents of
the youth. Service shall first be attempted in person and if
unsuccessful, then by certified mail with return receipt.
(2) Whenever a child in need of services petition is filed
by a youth or parent pursuant to RCW 13.32A.150, the court shall
immediately notify the department that a petition has been filed.
(3)(a) Whenever the court or the petitioning party knows or
has reason to know that an Indian child is involved, 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.
(b) 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.
[2004 c 64 § 5; 2000 c 123 § 18; 1996 c 133 § 21; 1995 c 312 § 4.]
NOTES:
Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following RCW 13.32A.197.
Short title -- 1995 c 312: See note following RCW 13.32A.010.