(1)(a) The
state of Washington recognizes the authority of Indian tribes
within the state to license agencies, located within the
boundaries of a federally recognized Indian reservation, to
receive children for control, care, and maintenance outside their
own homes, or to place, receive, arrange the placement of, or
assist in the placement of children for foster care or adoption.
(b) The state of Washington recognizes the ability of the
Indian tribes within the state to enter into agreements with the
state to license agencies located on or near the federally
recognized Indian reservation or, for those federally recognized
tribes that do not have a reservation, then on or near the
federally designated service delivery area, to receive children
for control, care, and maintenance outside their own homes, or to
place, receive, arrange the placement of, or assist in the
placement of children for foster care.
(c) The department and state licensed child-placing agencies
may place children in tribally licensed facilities if the
requirements of *RCW 74.15.030 (2)(b) and (3) and supporting
rules are satisfied before placing the children in such
facilities by the department or any state licensed child-placing
agency.
(2) The department may enter into written agreements with
Indian tribes within the state to define the terms under which
the tribe may license agencies pursuant to subsection (1) of this
section. The agreements shall include a definition of what are
the geographic boundaries of the tribe for the purposes of
licensing and may include locations on or near the federally
recognized Indian reservation or, for those federally recognized
tribes that do not have a reservation, then on or near the
federally designated service delivery area.
(3) The department and its employees are immune from civil
liability for damages arising from the conduct of agencies
licensed by a tribe.
[2006 c 90 § 2; 1987 c 170 § 13.]
NOTES:
*Reviser's note: RCW 74.15.030(2)(b) was amended by 2007 c 387 § 5, changing the scope of the subsection.
Severability -- 1987 c 170: See note following RCW 13.04.030.