The Washington Supreme Court issued a significant ruling on August 28, 2025, strengthening protections for Native American families in child welfare proceedings by clarifying when courts must find that "active efforts" were made to prevent family separation.
The en banc decision in *In re Dependency of C.J.J.I.* addresses a critical question about the timing of "active efforts" requirements under both the federal Indian Child Welfare Act (ICWA) and Washington State Indian Child Welfare Act (WICWA). The case centers on whether juvenile courts must determine that the Department of Children, Youth, and Families made adequate efforts to keep Indian families together before entering dependency orders.
Under existing federal law, parties seeking involuntary foster care placement of an Indian child must prove to the court that "active efforts" were made to prevent the breakup of the Indian family and that such efforts proved unsuccessful. This requirement is codified in both federal statute and Washington state law, with ICWA applying to involuntary child custody proceedings involving Indian children.
The case involves three children who were removed from their mother's custody after a court determination. While the full details of the family's circumstances were not disclosed in the available court documents, the legal question centered on procedural requirements that must be met before such removals can occur.
Justice Barbara Madsen authored the opinion for the state's highest court, which clarified the intersection between federal ICWA requirements and Washington's parallel state law protections. The ruling addresses how courts must evaluate whether child welfare agencies have met their obligations to work with Indian families before proceeding with custody actions.
The "active efforts" standard represents a higher bar than the "reasonable efforts" typically required in non-Indian child welfare cases. Active efforts must be culturally appropriate and utilize available resources of the Indian child's extended family, tribal community, and other culturally appropriate service providers. This includes engaging with tribal social services, if available, and considering placement with extended family members or other tribal community members.
Washington's WICWA, enacted as Chapter 13.38 RCW, provides additional protections that often exceed federal ICWA requirements. The state law applies to dependency proceedings and aims to prevent the removal of Indian children from their families and communities. Both laws recognize the historical trauma inflicted on Native American families through forced removal of children and placement in non-Indian homes and institutions.
The timing of when courts must make active efforts findings has practical implications for how dependency cases proceed. If courts must find active efforts were made before entering dependency orders, it could mean earlier intervention and more robust family preservation services. Conversely, if the requirement applies only at the foster care placement stage, families might face longer periods of uncertainty.
Child welfare agencies must demonstrate they have exhausted culturally appropriate services and supports before seeking to remove Indian children from their homes. This includes working with tribal representatives, utilizing traditional healing practices when appropriate, and considering kinship placements within the child's extended family or tribal community.
The ruling comes at a time when Indian child welfare issues remain prominent in both state and federal courts. The Supreme Court's 2013 decision in *Adoptive Couple v. Baby Girl* and subsequent cases have refined how ICWA applies in various circumstances, while states like Washington have strengthened their own protections for Native families.
Tribal sovereignty advocates have long argued that robust implementation of ICWA and state parallel laws is essential to preserving Native American families and cultural identity. Studies have shown that Indian children are overrepresented in the foster care system, making proper application of these protective laws crucial.
The Washington Supreme Court's decision provides important guidance to juvenile courts statewide about how to properly implement ICWA and WICWA requirements. Lower courts must now ensure they are making appropriate findings about active efforts at the correct stage of dependency proceedings.
For child welfare practitioners, the ruling clarifies expectations about documentation and proof of services provided to Indian families. Agencies will need to demonstrate not just that services were offered, but that culturally appropriate active efforts were made and proved unsuccessful before courts can authorize involuntary placements.
The case also highlights the ongoing importance of coordination between state child welfare systems and tribal governments. Effective implementation of Indian child welfare protections requires collaboration between multiple jurisdictions and service providers.
While this decision specifically addresses Washington law, it may influence how other states interpret similar active efforts requirements in their ICWA implementation. The ruling reinforces the principle that protecting Indian families requires more than standard child welfare interventions and demands culturally informed, intensive efforts to preserve family unity whenever safely possible.