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title-13•Title 13 RCW — Juvenile Courts and Juvenile Offenders
This chapter shall be known as the "basic juvenile court act".
[ 1977 ex.s. c 291 s 1. ]
NOTES:
Effective dates—1977 ex.s. c 291: "Section 57 of this 1977 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of state government and its existing public institutions, and shall take effect on July 1, 1977. The remainder of this 1977 amendatory act shall take effect on July 1, 1978." [ 1977 ex.s. c 291 s 83.]
Severability—1977 ex.s. c 291: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 291 s 82.]
For purposes of this title:
(1) "Adjudication" has the same meaning as "conviction" in RCW 9.94A.030, but only for the purposes of sentencing under chapter 9.94A RCW;
(2) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s);
(3) "Custodian" means that person who has the legal right to custody of the child;
(4) "Department" means the department of children, youth, and families;
(5) Except as specifically provided in RCW 13.40.020 and chapters 13.24 and 13.34 RCW, "juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years;
(6) "Juvenile offender" and "juvenile offense" have the meaning ascribed in RCW 13.40.020;
(7) "Parent" or "parents," except as used in chapter 13.34 RCW, means that parent or parents who have the right of legal custody of the child.
[ 2017 3rd sp.s. c 6 s 601; 2017 c 276 s 1; 2011 c 330 s 2; 2010 c 150 s 4; 1997 c 338 s 6; 1992 c 205 s 119; 1979 c 155 s 1; 1977 ex.s. c 291 s 2. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: "Sections 601 through 631, 701 through 728, and 804 of this act take effect July 1, 2019." [ 2017 3rd sp.s. c 6 s 826.]
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—2013 c 39; 2011 c 330: "The Washington state legislature has consistently provided national leadership on safe housing and support to foster youth transitioning out of foster care. Since 2006, the legislature has addressed the needs of foster youth aging out of care with medicaid to twenty-one (2007), foster care to twenty-one (2006), the independent youth housing program (2007), and Washington's alignment with the federal fostering connections act (2009). As a result of this national leadership to provide safe and basic housing to youth aging out of foster care, the programs have demonstrated the significant cost-benefit to providing safe housing to our youth exiting foster care.
The United States congress passed the fostering connections to success and increasing adoptions act of 2008 in order to give states another financial tool to continue to provide foster care services to dependent youth who turn eighteen years old while in foster care. However, substantially declining revenues have resulted in markedly decreased funds for states to use to meet the federal requirements necessary to help these youth. Current fiscal realities require that the scope of programs must be narrowed.
The Washington state legislature intends to serve, within the resources available, the maximum number of foster youth who are legally dependent on the state and who reach the age of eighteen while still in foster care. The legislature intends to provide these youth continued foster care services to support basic and healthy transition into adulthood. The legislature recognizes the extremely poor outcomes of unsupported foster youth aging out of the foster care system and is committed to ensuring that those foster youth who engage in positive, age-appropriate activities receive support. It is the intent of the legislature to fully engage in the fostering connections act by providing support, including extended court supervision to foster youth pursuing a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536 to age twenty-one with the goal of increasing support to all children up to age twenty-one who are eligible under the federal fostering connections to success act as resources become available." [ 2013 c 39 s 1; 2011 c 330 s 1.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—1979 c 155: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 29, 1979]." [ 1979 c 155 s 89.]
Severability—1979 c 155: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 c 155 s 88.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under Title 13 RCW and chapter 28A.225 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.
(2) Cases in the juvenile court shall be tried without a jury.
[ 1999 c 397 s 5; 1994 sp.s. c 7 s 538; 1988 c 232 s 3; 1979 c 155 s 2; 1977 ex.s. c 291 s 3. ]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Except as provided in this section, the juvenile courts in this state shall have exclusive original jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;
(c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;
(d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110;
(ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation has expired;
(iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil infraction committed by a juvenile 16 years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction, and no guardian ad litem is required in any such proceeding due to the juvenile's age. If such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters. The jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110 (1) or (2) or (e)(i) of this subsection. Courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;
(iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in *RCW 13.04.0301; or
(v) The juvenile is 16 or 17 years old on the date the alleged offense is committed and the alleged offense is:
(A) A serious violent offense as defined in RCW 9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of: One or more prior serious violent offenses; two or more prior violent offenses; or three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's 13th birthday and prosecuted separately; or
(C) Rape of a child in the first degree.
(I) In such a case the adult criminal court shall have exclusive original jurisdiction, except as provided in (e)(v)(C)(II) and (III) of this subsection.
(II) The juvenile court shall have exclusive jurisdiction over the disposition of any remaining charges in any case in which the juvenile is found not guilty in the adult criminal court of the charge or charges for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in (e)(v) of this subsection. The juvenile court shall maintain residual juvenile court jurisdiction up to age 25 if the juvenile has turned 18 years of age during the adult criminal court proceedings but only for the purpose of returning a case to juvenile court for disposition pursuant to RCW 13.40.300(2)(a)(ii).
(III) The prosecutor and respondent may agree to juvenile court jurisdiction and waive application of exclusive adult criminal jurisdiction in (e)(v)(A) through (C) of this subsection and remove the proceeding back to juvenile court with the court's approval.
If the juvenile challenges the state's determination of the juvenile's criminal history under (e)(v) of this subsection, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained 18 years of age;
(h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and
(i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) The juvenile court shall have concurrent original jurisdiction with the family or probate court over minor guardianship proceedings under chapter 11.130 RCW and parenting plans or residential schedules under chapter 26.09, 26.26A, or 26.26B RCW as provided for in RCW 13.34.155.
(4) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (v) of this section, who is detained pending trial, may be detained in a detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.
(5) Nothing in subsection (1) of this section deprives the superior courts in this state of original jurisdiction granted by the Constitution or by other laws.
[ 2024 c 232 s 2; 2024 c 117 s 3; 2022 c 243 s 2; 2020 c 41 s 4. Prior: 2019 c 322 s 9; 2019 c 46 s 5015; 2018 c 162 s 2; (2018 c 162 s 1 expired July 1, 2019); 2017 3rd sp.s. c 6 s 602; prior: 2009 c 526 s 1; 2009 c 454 s 1; prior: 2005 c 290 s 1; 2005 c 238 s 1; 2000 c 135 s 2; prior: 1997 c 386 s 17; 1997 c 341 s 3; 1997 c 338 s 7; prior: 1995 c 312 s 39; 1995 c 311 s 15; 1994 sp.s. c 7 s 519; 1988 c 14 s 1; 1987 c 170 s 1; 1985 c 354 s 29; 1984 c 272 s 1; 1981 c 299 s 1; 1980 c 128 s 6; 1979 c 155 s 3; 1977 ex.s. c 291 s 4; 1937 c 65 s 1; 1929 c 176 s 1; 1921 c 135 s 1; 1913 c 160 s 2; RRS s 1987-2. ]
NOTES:
Reviser's note: *(1) RCW 13.04.0301 was decodified September 2003.
(2) This section was amended by 2024 c 117 s 3 and by 2024 c 232 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—2024 c 117: See note following RCW 13.40.300.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Effective date—2018 c 162 ss 2 and 7: "Sections 2 and 7 of this act take effect July 1, 2019." [ 2018 c 162 s 11.]
Expiration date—2018 c 162 ss 1 and 6: "Sections 1 and 6 of this act expire July 1, 2019." [ 2018 c 162 s 10.]
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Application—1997 c 386: See note following RCW 13.50.010.
Finding—Intent—1997 c 341: "The legislature finds that a swift and certain response to a juvenile who begins engaging in acts of delinquency may prevent the offender from becoming a chronic or more serious offender. However, given pressing demands to address serious offenders, the system does not always respond to minor offenders expeditiously and effectively. Consequently, this act is adopted to implement an experiment to determine whether granting courts of limited jurisdiction concurrent jurisdiction over certain juvenile offenses will improve the system's effectiveness in curbing delinquency. The legislature may ascertain whether this approach might be successful on a larger scale by conducting an experiment with local governments, which are the laboratories of democracy." [ 1997 c 341 s 1.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Short title—1995 c 312: See note following RCW 13.32A.010.
Application of 1994 sp.s. c 7 amendments: "Provisions governing exceptions to juvenile court jurisdiction in the amendments to RCW 13.04.030 contained in section 519, chapter 7, Laws of 1994 sp. sess. shall apply to serious violent and violent offenses committed on or after June 13, 1994. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense may have been acquired on, before, or after June 13, 1994." [ 1994 sp.s. c 7 s 540.]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Savings—1988 c 14: "Any court validation of a voluntary consent to relinquishment or adoption of an Indian child which was obtained in a juvenile court or superior court pursuant to chapter 26.33 RCW after July 25, 1987, and before June 9, 1988, shall be valid and effective in all respects." [ 1988 c 14 s 2.]
Severability—1987 c 170: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 170 s 15.]
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Court commissioners: Chapter 2.24 RCW, state Constitution Art. 4 s 23.
Jurisdiction of superior courts: State Constitution Art. 4 s 6 (Amendment 65).
(1) Any person aggrieved by a final order of the court may appeal the order as provided by this section. All appeals in matters other than those related to commission of a juvenile offense shall be taken in the same manner as in other civil cases. Except as otherwise provided in this title, all appeals in matters related to the commission of a juvenile offense shall be taken in the same manner as criminal cases and the right to collateral relief shall be the same as in criminal cases. The order of the juvenile court shall stand pending the disposition of the appeal: PROVIDED, That the court or the appellate court may upon application stay the order.
(2) If the final order from which an appeal is taken grants the custody of the child to, or withholds it from, any of the parties, or if the child is committed as provided under this chapter, the appeal shall be given priority in hearing.
(3) In the absence of a specific direction from the party seeking review to file the notice, or the court-appointed guardian ad litem, the court may dismiss the review pursuant to RAP 18.9. To the extent that this enactment [1990 c 284] conflicts with the requirements of RAP 5.3(a) or RAP 5.3(b) this enactment [1990 c 284] shall supersede the conflicting rule.
[ 1990 c 284 s 35; 1979 c 155 s 4; 1977 ex.s. c 291 s 5. ]
NOTES:
Rules of court: Rules of Appellate Procedure.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Juvenile court shall be administered by the superior court, except that by local court rule and agreement with the legislative authority of the county this service may be administered by the legislative authority of the county. Juvenile probation counselor and detention services shall be administered by the superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may be administered by the county legislative authority; (2) for the consortium in existence on July 23, 2017, if a consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds two hundred thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of the juvenile correctional facility by ordinance; and (3) in any county with a population of one million or more, probation and detention services shall be administered in accordance with chapter 13.20 RCW. The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity of a probation counselor. One person may, pursuant to the agreement of more than one administrative body, serve as administrator of more than one juvenile court. If a county participating in a consortium authorized under subsection (2) of this section withdraws from participation, the withdrawing county may rejoin the consortium at a later time so long as a majority of the consortium members agree.
[ 2017 c 278 s 1; 1996 c 284 s 1; 1991 c 363 s 10; 1979 c 155 s 5; 1977 ex.s. c 291 s 6. ]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Prosecuting attorney as party to juvenile court proceedings—Exception, procedure: RCW 13.40.090.
The administrator shall after consultation with the state planning agency established under Title II of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5611 et seq.) following a public hearing, and after approval of the body responsible for administering the juvenile court, and no later than one hundred eighty days after the effective date of chapter 291, Laws of 1977 ex. sess., adopt standards for the regulation and government of detention facilities for juveniles. Such standards may be revised from time to time, according to the procedure outlined in this section. Each detention facility shall keep a copy of such standards available for inspection at all times. Such standards shall be reviewed and the detention facilities shall be inspected annually by the administrator.
[ 1977 ex.s. c 291 s 7. ]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:
(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW or RCW 13.40.070;
(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;
(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, and ensure that the requirements of such agreements are met except as otherwise provided in this title;
(4) Prepare predisposition studies as required in RCW 13.40.130, and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department unless otherwise ordered by the court; and
(5) Supervise court orders of disposition to ensure that all requirements of the order are met.
All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.
The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.
The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.
The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080.
The administrator shall establish procedures for the collection of fines assessed under *RCW 13.40.080 (2)(d) and (14) and for the payment of the fines into the county general fund.
[ 2004 c 120 s 10; 1995 c 312 s 40; 1983 c 191 s 14; 1979 c 155 s 6; 1977 ex.s. c 291 s 8; 1959 c 331 s 9; 1951 c 270 s 1; 1921 c 43 s 1; 1913 c 160 s 3; RRS s 1987-3. ]
NOTES:
*Reviser's note: RCW 13.40.080 was amended by 2015 c 265 s 25, deleting subsection (2)(d).
Effective date—2004 c 120: See note following RCW 13.40.010.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
The administrator of juvenile court shall obtain interpreters as needed consistent with the intent and practice of chapter 2.43 RCW, to enable youth with limited English proficiency and their families to participate in detention, probation, or court proceedings and programs.
[ 2025 c 55 s 13; 1993 c 415 s 6. ]
NOTES:
Intent—1993 c 415: See note following RCW 2.56.030.
(1) The administrator of the juvenile court or authorized staff may consent as provided in this section to the provision of health and dental examinations and care, and necessary treatment for medical and dental conditions requiring prompt attention, for juveniles lawfully detained at or sentenced to a detention facility. The treatment may include treatment provided at medical or dental facilities outside the juvenile detention facility and treatment provided within the juvenile detention facility for the period of time the youth is in the custody of the facility. Juveniles shall not be transported for treatment outside the facility if treatment services are available within the facility.
(2) The examination, care, and treatment may be provided without parental consent when prompt attention is required if the administrator of the juvenile court or authorized staff have been unable to secure permission for treatment from the parent or parents, guardian, or other person having custody of the child after reasonable attempts to do so before the provision of the medical and dental services.
(3) Treatment shall not be authorized for juveniles whose parent or parents, guardian, or other person having custody of the child informs the administrator of the juvenile court of objections to the treatment before the treatment is provided except where *RCW 69.54.060 applies.
[ 1983 c 267 s 2. ]
NOTES:
*Reviser's note: RCW 69.54.060 was repealed by 1989 c 270 s 35.
Employment of dental hygienist without supervision of dentist authorized: RCW 18.29.056.
The probation officers, and assistant probation officers, and deputy probation officers in all counties of the state shall be allowed such necessary incidental expenses as may be authorized by the judge of the juvenile court, and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and the expenses shall be paid out of the county treasury upon a written order of the judge of the juvenile court of said county directing the county auditor to draw his or her warrant upon the county treasurer for the specified amount of such expenses.
[ 2010 c 8 s 4001; 1913 c 160 s 4; RRS s 1987-4. ]
It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings as provided in chapter 71.34 RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under RCW 26.33.100 or approving or disapproving out-of-home placement: PROVIDED, That in each county with a population of less than two hundred ten thousand, the attorney general may contract with the prosecuting attorney of the county to perform the duties of the attorney general under this section.
[ 1995 c 312 s 41; 1991 c 363 s 11; 1985 c 354 s 30; 1985 c 7 s 4; 1979 ex.s. c 165 s 6; 1977 ex.s. c 291 s 9. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) A juvenile shall not be confined in a jail or holding facility for adults, except:
(a) For a period not exceeding twenty-four hours excluding weekends and holidays and only for the purpose of an initial court appearance in a county where no juvenile detention facility is available, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates;
(b) For not more than six hours and pursuant to a lawful detention in the course of an investigation, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates; or
(c) For a juvenile who is subject to exclusive adult criminal court jurisdiction under RCW 13.04.030 or who has been transferred to adult criminal court under RCW 13.40.110, the juvenile may not be held in a jail or holding facility for a period exceeding twenty-four hours excluding weekends and holidays, unless a court finds, after a hearing and in writing, that it is in the interest of justice.
(i) If a court determines that it is in the interest of justice to permit a juvenile who is subject to exclusive adult criminal court jurisdiction under RCW 13.04.030 or who has been transferred to adult criminal court under RCW 13.40.110 to be held in a jail or holding facility, the juvenile may not have sight or sound contact with adult inmates, unless the court also finds, after a hearing and in writing, that it is in the interest of justice to permit sight or sound contact with adult inmates. In making the determination regarding sight or sound contact with adult inmates under this subsection, the court shall consider:
(A) The age of the juvenile;
(B) The physical and mental maturity of the juvenile;
(C) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to himself or herself;
(D) The nature and circumstances of the alleged offense;
(E) The juvenile's history of prior delinquent acts;
(F) The relative ability of the available adult and juvenile detention facilities to meet the specific needs of the juvenile, protect the safety of the public, and protect other detained juveniles; and
(G) Any other relevant factors.
(ii) If a court determines that it is in the interest of justice to permit a juvenile who is subject to exclusive adult criminal court jurisdiction under RCW 13.04.030 or who has been transferred to adult criminal court under RCW 13.40.110 to be held in a jail or holding facility or have sight or sound contact with adult inmates under this section:
(A) The court shall hold a hearing at least once every thirty days to review whether it is still in the interest of justice to permit the juvenile to be held in a jail or holding facility, as defined under RCW 70.48.020, or have sight or sound contact with adult inmates; and
(B) The juvenile shall not be held in any jail or holding facility or permitted to have sight or sound contact with adult inmates, for more than one hundred eighty days, unless:
(I) The court, in writing, determines that there is good cause to allow an extension beyond one hundred eighty days; or
(II) The juvenile expressly waives this limitation.
(iii) A juvenile who is subject to exclusive adult criminal court jurisdiction under RCW 13.04.030 or who has been transferred to adult criminal court under RCW 13.40.110 has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court at any hearing held to determine whether to place the juvenile in a jail or holding facility or to continue the juvenile's placement in such a facility.
(2) The department shall monitor and enforce compliance with this section. The department may use information regarding juveniles confined in a jail gathered under the authority granted by this subsection in the report required in RCW 13.22.060(1) with respect to juveniles in the custody of a jail or holding facility.
A detention facility and a governing unit for a jail or holding facility must provide assistance to the department in gathering information regarding juveniles confined in a jail or holding facility. This information must include:
(a) The age, race, and gender of each juvenile;
(b) The circumstances requiring the juvenile to be placed in the jail or holding facility; and
(c) The length of time the juvenile was held in the jail or holding facility.
(3) This section shall not be construed to expand or limit the authority to lawfully detain juveniles.
(4) For purposes of this section, the following definitions apply:
(a) "Detention facility" has the same meaning as provided under RCW 13.40.020.
(b) "Governing unit" has the same meaning as provided under RCW 70.48.020.
(c) "Holding facility" has the same meaning as provided under RCW 70.48.020.
(d) "Jail" has the same meaning as provided under RCW 70.48.020.
[ 2020 c 333 s 8; 2017 3rd sp.s. c 6 s 603; 1987 c 462 s 1; 1985 c 50 s 1. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective dates—1987 c 462: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions. Sections 15 and 21 of this act shall take effect immediately. Sections 1 through 11 and sections 16, 17, 22 and 23 of this act shall take effect January 1, 1988." [ 1987 c 462 s 24.]
Places of detention: Chapter 13.16 RCW.
Transfer of juvenile to department of corrections facility: RCW 13.40.280.
Counties containing more than fifty thousand inhabitants shall, and counties containing a lesser number of inhabitants may, provide and maintain at public expense, a detention room or house of detention, separated or removed from any jail, or police station, to be in charge of a matron, or other person of good character, wherein all children within the provisions of this chapter shall, when necessary, be sheltered.
[ 1983 c 98 s 2; 1945 c 121 s 1; 1913 c 160 s 13; Rem. Supp. 1945 1987-13. Formerly RCW 13.16.010. ]
NOTES:
Detention in facility under jurisdiction of juvenile court—Financial responsibility for cost of detention: RCW 13.34.161.
A program of education shall be provided for by the several counties and school districts of the state for common school-age persons confined in each of the detention facilities staffed and maintained by the several counties of the state under this chapter and chapters 13.16 and 13.20 RCW. The division of duties, authority, and liabilities of the several counties and school districts of the state respecting the educational programs is the same in all respects as set forth in chapter 28A.190 RCW respecting programs of education for state residential school residents. Nothing in this section shall prohibit a school district from utilizing the services of an educational service district subject to RCW 28A.310.180.
[ 2021 c 164 s 16; 2017 3rd sp.s. c 6 s 604; 2014 c 157 s 5; 1990 c 33 s 551; 1983 c 98 s 1. ]
NOTES:
Findings—Intent—2021 c 164: See note following RCW 28A.190.005.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Juvenile facilities, educational programs: RCW 28A.190.010.
(1) The provisions of this section apply only to persons who:
(a) Were adjudicated in juvenile court or convicted in adult criminal court of:
(i) A violent offense as defined in RCW 9.94A.030;
(ii) A sex offense as defined in RCW 9.94A.030;
(iii) Any crime under chapter 9.41 RCW; or
(iv) Unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW;
(b) Are twenty-one years of age or younger; and
(c) Have not received a high school diploma or its equivalent.
(2)(a) The court must provide written notification of the juvenile court adjudication or adult criminal court conviction of a person described in subsection (1) of this section to the designated recipient of the school where the person:
(i) Was enrolled prior to adjudication or conviction; or
(ii) Has expressed an intention to enroll following adjudication or conviction.
(b) No notification is required if the person described in subsection (1) of this section is between eighteen and twenty-one years of age and:
(i) The person's prior or intended enrollment information cannot be obtained; or
(ii) The person asserts no intention of enrolling in an educational program.
(3) Any information received by a designated recipient under this section is exempt from disclosure under chapter 42.56 RCW and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
(4) For the purposes of this section, "designated recipient" means: (a) The superintendent of the school district, or his or her designee, of a common school as defined in RCW 28A.150.020 or a school that is the subject of a state-tribal education compact under chapter 28A.715 RCW; (b) the administrator of a charter public school governed by chapter 28A.710 RCW; or (c) the administrator of a private school approved under chapter 28A.195 RCW.
[ 2020 c 167 s 6; 2000 c 27 s 1; 1997 c 266 s 7. ]
NOTES:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.
No fees shall be charged or collected by any officer or other person for filing petition, serving summons, or other process under this chapter.
[ 1913 c 160 s 16; RRS s 1987-16. ]
In each county, the judge presiding over the juvenile court sessions, as defined in this chapter, may appoint a board of four reputable citizens, who shall serve without compensation, to constitute a board of visitation, whose duty it shall be to visit as often as twice a year all institutions, societies and associations within the county receiving children under this chapter, as well as all homes for children or other places where individuals are holding themselves out as caretakers of children, also to visit other institutions, societies and associations within the state receiving and caring for children, whenever requested to do so by the judge of the juvenile court: PROVIDED, The actual expenses of such board may be paid by the county commissioners when members thereof are requested to visit institutions outside of the county seat, and no member of the board shall be required to visit any institutions outside the county unless his or her actual traveling expenses shall be paid as aforesaid. Such visits shall be made by not less than two members of the board, who shall go together or make a joint report. The board of visitors shall report to the court from time to time the condition of children received by or in charge of such institutions, societies, associations, or individuals. It shall be the duty of every institution, society, or association, or individual receiving and caring for children to permit any member or members of the board of visitation to visit and inspect such institution, society, association or home where such child is kept, in all its departments, so that a full report may be made to the court.
[ 2010 c 8 s 4002; 1913 c 160 s 18; RRS s 1987-18. ]
An order of court adjudging a child a juvenile offender or dependent under the provisions of this chapter shall in no case be deemed a conviction of crime.
[ 2010 c 150 s 1; 1961 c 302 s 16. Prior: 1913 c 160 s 10, part; RCW 13.04.090, part. ]
Nothing in chapter 13.04, 13.06, 13.32A, 13.34, or 13.40 RCW may be construed to prevent a juvenile from being found both dependent and an offender if there exists a factual basis for such a finding.
[ 1983 c 3 s 15; 1979 c 155 s 14. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
The provisions of chapters 13.04 and 13.40 RCW, as now or hereafter amended, shall be the exclusive authority for the adjudication and disposition of juvenile offenders except where otherwise expressly provided. Chapter 10.22 RCW does not apply to juvenile offender proceedings, including diversion, under chapter 13.40 RCW.
[ 1985 c 257 s 5; 1981 c 299 s 20. ]
NOTES:
Severability—1985 c 257: See note following RCW 13.34.165.
(1) The Washington state institute for public policy must:
(a) Assess the impact of chapter 162, Laws of 2018, sections 2 through 6, chapter 322, Laws of 2019, and sections 2 and 3, chapter 206, Laws of 2021 on community safety, racial disproportionality, recidivism, state expenditures, and youth rehabilitation, to the extent possible; and
(b) Conduct a cost-benefit analysis, including health impacts and recidivism effects, of extending RCW 72.01.410 to include all offenses committed under the age of twenty-one.
(2) The institute shall submit, in compliance with RCW 43.01.036, a preliminary report on the requirements listed in subsection (1) of this section to the governor and the appropriate committees of the legislature by December 1, 2023, and a final report to the governor and the appropriate committees of the legislature by December 1, 2031.
[ 2021 c 206 s 9; 2019 c 322 s 5; 2018 c 162 s 9. ]
NOTES:
Contingent effective date—Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
It is the intention of the legislature in enacting this chapter to increase the protection afforded the citizens of this state, to require community planning, to provide necessary services and supervision for juvenile offenders in the community when appropriate, to reduce reliance on state-operated correctional institutions for offenders whose standard range disposition does not include commitment of the offender to the department, to encourage the community to efficiently and effectively provide community services to juvenile offenders through consolidation of service delivery systems, and to provide effective services and referrals to referred and diverted youth to prevent the need for formal court involvement whenever possible.
[ 2025 c 140 s 4; 1983 c 191 s 1; 1969 ex.s. c 165 s 1. ]
NOTES:
Findings—Intent—2025 c 140: See note following RCW 13.40.080.
Effective date—1969 ex.s. c 165: "This act shall become effective on July 1, 1969." [ 1969 ex.s. c 165 s 7.]
From any state moneys made available for such purpose, the state of Washington, through the department of children, youth, and families, shall, in accordance with this chapter and applicable departmental rules, share in the cost of providing services to juveniles.
[ 2017 3rd sp.s. c 6 s 716; 1983 c 191 s 2; 1979 c 141 s 13; 1969 ex.s. c 165 s 2. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
The department of children, youth, and families shall adopt rules prescribing minimum standards for the operation of consolidated juvenile services programs for juvenile offenders and such other rules as may be necessary for the administration of the provisions of this chapter. Consolidated juvenile services is a mechanism through which the department of children, youth, and families supports local county comprehensive program plans in providing services to offender groups. Standards shall be sufficiently flexible to support current programs which have demonstrated effectiveness and efficiency, to foster development of innovative and improved services for juvenile offenders, to permit direct contracting with private vendors, and to encourage community support for and assistance to local programs. The secretary of children, youth, and families shall seek advice from appropriate juvenile justice system participants in developing standards and procedures for the operation of consolidated juvenile services programs and the distribution of funds under this chapter.
[ 2017 3rd sp.s. c 6 s 717; 1983 c 191 s 3; 1979 c 141 s 14; 1969 ex.s. c 165 s 3. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Any county or group of counties may make application to the department of children, youth, and families in the manner and form prescribed by the department for financial aid for the cost of consolidated juvenile services programs. Any such application must include a plan or plans for providing consolidated services to juvenile offenders in accordance with standards of the department.
[ 2017 3rd sp.s. c 6 s 718; 1983 c 191 s 4; 1979 c 141 s 15; 1969 ex.s. c 165 s 4. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of children, youth, and families are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.
(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services.
(2) The secretary of children, youth, and families will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.
[ 2020 c 262 s 2; 2017 3rd sp.s. c 6 s 719; 1993 c 415 s 7; (2010 1st sp.s. c 37 s 910 expired June 30, 2011); 1983 c 191 s 5; 1979 c 151 s 9; 1977 ex.s. c 307 s 1; 1973 1st ex.s. c 198 s 1; 1971 ex.s. c 165 s 1; 1969 ex.s. c 165 s 5. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Expiration date—2010 1st sp.s. c 37 s 910: "Section 910 of this act expires June 30, 2011." [ 2010 1st sp.s. c 37 s 956.]
Effective date—2010 1st sp.s. c 37: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2010]." [ 2010 1st sp.s. c 37 s 958.]
Intent—1993 c 415: See note following RCW 2.56.030.
Effective date—1977 ex.s. c 307: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [ 1977 ex.s. c 307 s 3.]
Effective date—1973 1st ex.s. c 198: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [ 1973 1st ex.s. c 198 s 3.]
The attention of the legislature having been called to the absence of juvenile detention facilities in the various counties of the state, the legislature hereby declares that this situation constitutes an emergency demanding the invocation by the several counties affected of the emergency powers granted by virtue of RCW 36.40.140 through 36.40.200.
[ 1945 c 188 s 1; Rem. Supp. 1945 s 2004-1. ]
The construction, acquisition and maintenance of juvenile detention facilities for dependent, wayward and delinquent children, separate and apart from the detention facilities for adults, is hereby declared to be a mandatory function of the several counties of the state.
[ 1945 c 188 s 2; Rem. Supp. 1945 s 2004-2. ]
Boards of county commissioners in the various counties now suffering from a lack of adequate detention facilities for dependent, delinquent and wayward children shall, in the manner provided by law, declare an emergency and appropriate, in the manner provided by law, sufficient funds to meet all demands for adequate care of dependent, delinquent and wayward children. All appropriations made under the provisions of RCW 13.16.020 through 13.16.080 are to be used exclusively for the acquisition, purchase, construction or leasing of real and personal property and the employment and payment of salaries for an adequate staff of juvenile officers and necessary clerical staff and assistants and for furnishing suitable food, clothing and recreational facilities for dependent, delinquent and wayward children.
[ 1945 c 188 s 3; Rem. Supp. 1945 s 2004-3. ]
In connection with the financing of facilities and the employment of a staff of juvenile officers for dependent, delinquent and wayward children, the various boards of county commissioners affected shall attempt to secure such advances, loans, grants in aid, donations as gifts as may be secured from the federal government or any of its agencies or from the state government or from other public or private institutions or individuals.
[ 1945 c 188 s 4; Rem. Supp. 1945 s 2004-4. ]
Appropriations made under authority and by virtue of RCW 13.16.020 through 13.16.080 and debts incurred by any county in carrying out the provisions of RCW 13.16.020 through 13.16.080 may exceed all statutory limitations otherwise applicable and limiting the debt any county may incur.
[ 1945 c 188 s 5; Rem. Supp. 1945 s 2004-5. ]
In order to carry out the provisions of RCW 13.16.020 through 13.16.080 the several counties affected shall utilize any and all methods available to them by law for financing the program authorized by RCW 13.16.020 through 13.16.080 and may fund any and all debts incurred by the issuance of general obligation bonds of the county in the manner provided by law, without submitting the same to a vote of the people.
[ 1945 c 188 s 6; Rem. Supp. 1945 s 2004-6. ]
In order to carry out the provisions of RCW 13.16.020 through 13.16.080 the board of county commissioners is hereby authorized, any law to the contrary notwithstanding, to allocate any funds that may be available in any item or class of the budget as presently constituted to the fund to be used to carry out the provisions of RCW 13.16.020 through 13.16.080.
[ 1945 c 188 s 7; Rem. Supp. 1945 s 2004-7. ]
Motion pictures unrated after November 1968 or rated R, X, or NC-17 by the motion picture association of America shall not be shown in juvenile detention facilities or facilities operated by the department of children, youth, and families.
[ 2017 3rd sp.s. c 6 s 629; 1994 sp.s. c 7 s 807. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
The judges of the superior court of any county with a population of one million or more are hereby authorized, by majority vote, to appoint a board of managers to administer, subject to the approval and authority of such superior court, the probation and detention services for dependent and delinquent children coming under the jurisdiction of the juvenile court.
Such board shall consist of four citizens of the county and the judge who has been selected to preside over the juvenile court.
[ 1991 c 363 s 12; 1955 c 232 s 1. ]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
The nonjudicial members of the board first appointed shall be appointed for the respective terms of one, two, three, and four years and until their successors are appointed and qualified; and thereafter their successors shall be appointed for terms of four years and until their successors are appointed and qualified.
Any such member of the board may be removed at any time by majority vote of the judges of the superior court.
Vacancies on the board may be filled at any time by majority vote of said judges, and such appointee shall hold office for the remainder of the term of the member in whose stead he or she was appointed.
[ 2010 c 8 s 4003; 1955 c 232 s 2. ]
The judicial member of the board shall be the chair thereof; a majority thereof shall constitute a quorum for the transaction of business; and the board shall have authority to organize itself in such manner and to establish such rules of procedure as it deems proper for the performance of its duties.
[ 2010 c 8 s 4004; 1955 c 232 s 3. ]
The juvenile court board of managers shall:
(1) Have general supervision and care of all physical structures and grounds connected with the rendition of probation and detention services and power to do everything necessary to the proper maintenance thereof within the limits of the appropriations authorized.
(2) Subject to the approval and authority of said superior court, the board of managers shall have authority and power to determine the type and extent of probation and detention services to be conducted in connection with the juvenile court, and authority over all matters concerning employment, job classifications, salary scales, qualifications, and number of personnel necessarily involved in the rendition of probation and detention services.
(3) Prepare, in accordance with the provisions of the county budget law, and file with the county auditor a detailed and itemized estimate, both of probable revenues from sources other than taxation and of all expenditures required for the rendition of the services under the jurisdiction of said board.
(4) Prepare and file with the superior court on July 1st of each year, and at such other times and in such form as the court shall require, a report of its operations.
[ 1955 c 232 s 4. ]
No member of the board shall receive any compensation or emolument whatever for services as such board member.
[ 1955 c 232 s 5. ]
In addition, and alternatively, to the authority granted by RCW 13.20.010, the judges of the superior court of any county with a population of one million or more operating under a county charter providing for an elected county executive are hereby authorized, by a majority vote, subject to approval by ordinance of the legislative authority of the county to transfer to the county executive the responsibility for, and administration of all or part of juvenile court services, including detention, intake and probation. The superior court and county executive of such county are further authorized to establish a five-member juvenile court advisory board to advise the county in its administration of such services, facilities and programs. If the advisory board is established, two members of the advisory board shall be appointed by the superior court, two members shall be appointed by the county executive, and one member shall be selected by the vote of the other four members. The county is authorized to contract or otherwise make arrangements with other public or private agencies to provide all or a part of such services, facilities and programs. Subsequent to any transfer to the county of responsibility and administration of such services, facilities and programs pursuant to the foregoing authority, the judges of such superior court, by majority vote subject to the approval by ordinance of the legislative authority of the county, may retransfer the same to the superior court.
[ 1991 c 363 s 13; 1975 1st ex.s. c 124 s 1. ]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
(1) The legislature finds that prolonged isolation for juveniles may cause harm. Prolonged solitary confinement has also been shown as ineffective at reducing behavioral incidents and may increase anxiety and anger in youth.
(2) Creating alternative solutions to solitary confinement for juveniles will further protect the well-being of juveniles in all detention facilities and institutions and enhance the rehabilitative goals of Washington's juvenile justice system. Chapter 333, Laws of 2020 seeks to end the use of solitary confinement in juvenile facilities when used as a form of punishment or retaliation. Chapter 333, Laws of 2020 also seeks to limit placement in isolation, except in the circumstances outlined in RCW 13.22.020. Juvenile institutions and detention facilities must implement a system of graduated interventions to avoid the use of solitary confinement. Less restrictive forms of confinement should be used to regulate the behavior of juveniles in institutions and detention facilities.
(3) The legislature intends to prevent the use of solitary confinement and, in the limited instances of isolation, ensure that the use advances the rehabilitative goals of Washington's juvenile justice system, and that it is not used as a punitive measure.
[ 2020 c 333 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of children, youth, and families.
(2) "Detention facility" means:
(a) Any detention facility as defined under RCW 13.40.020; and
(b) Any juvenile correctional facility under alternative administration operated by a consortium of counties under RCW 13.04.035.
(3) "Imminent harm" means immediate and impending threat of a person causing bodily injury to self or others.
(4) "Institution" has the same meaning as in RCW 13.40.020.
(5) "Isolation" means confinement that occurs (a) when a youth is separated from the youth population and placed in a room for longer than fifteen minutes for the purpose of discipline, behavior modification, or due to an imminent threat to the safety of the youth or others; and (b) in a room other than the room assigned to the youth for sleeping. Juveniles are in isolation from the moment they are separated from others until they have rejoined the population. Juveniles who are pregnant shall not be put into isolation. Maintaining appropriate gender separation does not constitute isolation.
(6) "Juvenile" means:
(a) Any individual who is under the chronological age of eighteen years; and
(b) Any individual under the chronological age of twenty-five years who is confined in an institution, including an individual confined in an institution under RCW 72.01.410.
(7) "Juvenile court administrator" means an administrator appointed pursuant to RCW 13.04.035.
(8) "Room confinement" means a juvenile is separated from the youth population and placed in a room or cell that the juvenile is assigned to for sleeping, other than during normal sleeping hours or interim rest hours. "Room confinement" does not include time a youth requests to spend in his or her room or rest periods in between facility programming. Juveniles are in room confinement from the moment they are separated from others until they are permitted to rejoin the population.
(9) "Solitary confinement" means a youth is involuntarily separated from the youth population and placed in a room or cell other than the room assigned to the youth for sleeping for longer than fifteen minutes for punitive purposes. Different terminology does not exempt practice from being "solitary confinement."
[ 2020 c 333 s 2. ]
(1) The use of solitary confinement for juveniles in a detention facility or institution is prohibited.
(2) A juvenile may only be placed in isolation or room confinement in a detention facility or institution as authorized in this section.
(a)(i) Total isolation and room confinement of a juvenile shall be limited in duration to no more than four hours in any twenty-four hour period. Detention facilities and institutions can exceed those four hours, including if the extension is necessary due to subsequent or multiple incidents, if the following requirements are met:
(A) The reason for isolation or room confinement is documented, including the basis for the extension, the date and time the juvenile was first placed in isolation or room confinement, and when the juvenile is eventually released from isolation or room confinement;
(B) An individualized plan that includes the goals and objectives to be met in order to reintegrate the juvenile to the general population is developed;
(C) The detention facility or institution superintendent or his or her designee provides documented authorization every four hours thereafter.
(ii) A medical and mental health assessment may occur after the juvenile's release so as not to extend his or her time in isolation or confinement.
(iii) If the total isolation or room confinement exceeds twenty-four hours, then the secretary, or his or her designee, of the department or the juvenile court administrator must provide documented authorization.
(b) Each juvenile placed in isolation or room confinement shall be visually checked at least every fifteen minutes, and staff shall attend to the needs of the juvenile at that time. Staff shall attempt to communicate with an awake juvenile during required checks to evaluate and encourage the juvenile on the goals and objectives the juvenile needs to achieve in order to be released from isolation or room confinement.
(c) Every instance of isolation and room confinement shall be documented in accordance with RCW 13.22.040 or 13.22.050.
(d) When a juvenile is placed in isolation or under room confinement, the juvenile must have access to:
(i) Clothing;
(ii) Mattress and bedding;
(iii) Medication under staff supervision;
(iv) A toilet and sink at least hourly;
(v) A bath or shower at least daily;
(vi) Necessary mental health services; and
(vii) Reading material, paper, writing material, envelopes, and treatment material, unless precluded by suicide precaution level or the items would hinder staff efforts to resolve the problems that caused isolation or room confinement.
(e) Staff must remove the juvenile from isolation and room confinement when one of the following requirements is met:
(i) The purpose of the confinement is met;
(ii) The desired behavior is evident; or
(iii) The juvenile has been evaluated by a professional who has determined the juvenile is no longer an imminent risk to self, staff, or the general population. The institution or detention facility may designate who counts as a professional.
(f) Isolation can be used when:
(i) Isolation is necessary to prevent imminent harm based on the juvenile's behavior, and less restrictive alternatives were unsuccessful;
(ii) The juvenile needs to be held in isolation awaiting transfer of facilities;
(iii) The juvenile needs to be placed in isolation overnight due to disruptive behavior that prevents the nighttime routine of other juvenile residents; or
(iv) It is necessary to respond to an escape attempt.
(g) Room confinement can be used when it is necessary to prevent behavior that causes disruption of the detention facility or institution, but the behavior does not rise to the level of imminent harm including, but not limited to, behavior that may constitute a violation of law.
(3) Nothing in this section requires that juveniles be placed with adults while in custody.
[ 2020 c 333 s 3. ]
(1) The department shall, by July 1, 2021, adopt a model policy prohibiting the use of solitary confinement of juveniles in detention facilities and institutions, with the goal of also limiting the use and duration of isolation and room confinement. In determining the model policy, the department must consult with appropriate stakeholders including, but not limited to, juvenile court administrators, impacted youth, and representatives of staff. At a minimum, the model policy must include:
(a) Isolation. Isolation may only be used as a last resort when less restrictive methods have not been effective. Where needed, medical professionals must assess or evaluate any juvenile in isolation as soon as possible after the juvenile is placed in isolation, and qualified mental health professionals must evaluate and develop a care plan for juveniles placed in isolation to prevent self-harm as soon as possible after the juvenile is placed in isolation. The model policy must include measures to prevent the use of isolation, while protecting the safety and security of incarcerated juveniles and their peers, the staff of the detention facilities and institutions, other persons who work in the detention facilities and institutions, and visitors.
(b) Room confinement. Room confinement is the preferred option for maladaptive or negative behavior. Staff will use the least amount of time to meet the purpose of the intervention. The model policy must include measures to prevent the use of room confinement, while protecting the safety and security of incarcerated juveniles and their peers, the staff of the detention facilities and institutions, other persons who work in the detention facilities and institutions, and visitors.
(2) By December 1, 2021, the detention facility or institution shall review and either (a) adopt the model policy established in this section or (b) notify the department of the reasons the detention facility or institution will not adopt the model policy, including how the detention facility or institution's policies and procedures differ from the model policy.
[ 2020 c 333 s 4. ]
(1) The department must compile, on a monthly basis until November 1, 2022, the following information with respect to juveniles confined in all state institutions and facilities used for juvenile rehabilitation for whom isolation or room confinement was used in excess of one hour:
(a) The number of times isolation and room confinement were used;
(b) The circumstances leading to the use of isolation and room confinement;
(c) The duration of each use of isolation and whether, for each instance of isolation, the use of isolation lasted more than four hours within a twenty-four hour period;
(d) Whether or not supervisory review occurred and was documented for each instance of isolation and room confinement;
(e) The race and age of the juvenile for each instance of isolation and room confinement;
(f) Whether or not a medical assessment or review and a mental health assessment or review were conducted and documented for each instance of isolation; and
(g) If the affected juvenile was not afforded access to medication, meals, and reading material during the term of confinement for each instance of isolation and room confinement.
(2) Until November 1, 2022, information collected under subsection (1) of this section must be compiled into a report and submitted in compliance with RCW 13.22.060(1).
(3) After November 1, 2022, the department must annually compile the information collected under subsection (1) of this section. The information collected must be posted on the department's website.
[ 2020 c 333 s 5. ]
(1) A county operating a detention facility must compile, on a monthly basis until November 1, 2022, the following information with respect to the detention facility for whom isolation or room confinement was used in excess of one hour:
(a) The number of times isolation and room confinement were used;
(b) The circumstances leading to the use of isolation and room confinement;
(c) The duration of each use of isolation and whether, for each instance of isolation, the use of isolation lasted more or less than four hours within a twenty-four hour period, and, for instances lasting more than four hours, the length of time the juvenile remained in isolation;
(d) Whether or not supervisory review occurred and was documented for each instance of isolation and room confinement;
(e) The race and age of the juvenile for each instance of isolation and room confinement;
(f) Whether or not a medical assessment or review and a mental health assessment or review were conducted and documented for each instance of isolation; and
(g) If the affected juvenile was not afforded access to medication, meals, and reading material during the term of confinement for each instance of isolation and room confinement.
(2) Until November 1, 2022, information collected under subsection (1) of this section must be compiled into a report and submitted in compliance with RCW 13.22.060(1).
(3) After November 1, 2022, a county operating a detention facility must annually compile the information collected under subsection (1) of this section. The information collected must be posted on the detention facility's website.
[ 2020 c 333 s 6. ]
(1) Information collected under RCW 13.22.040(2), 13.22.050(2), and 13.04.116(1)(c) must be reported to the department of children, youth, and families by December 1, 2021, and an updated report must be submitted to the department by November 1, 2022. The department must compile the reported data and, in compliance with RCW 43.01.036, provide a data report to the appropriate committees of the legislature by December 1, 2022.
(2) Beginning in January 2023, the department shall conduct periodic reviews of policies, procedures, and use of solitary confinement, isolation, and room confinement in juvenile detention facilities and institutions. Every three years, the department shall prepare a report to the legislature summarizing its reviews.
[ 2020 c 333 s 7. ]
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2020 c 333 s 9. ]
EXECUTION OF THE COMPACT
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows. No provision of this compact will interfere with this state's authority to determine policy regarding juvenile offenders and nonoffenders within this state.
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I - Purpose
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. Sec. 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to: (1) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; (4) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (5) provide for the effective tracking and supervision of juveniles; (6) equitably allocate the costs, benefits, and obligations of the compacting states; (7) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (8) ensure immediate notice to jurisdictions where defined offenders may travel or relocate across state lines; (9) establish procedures to resolve pending charges (detainers) against juvenile offenders before transfer or release to the community under the terms of this compact; (10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (11) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (12) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (13) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created in this section are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II - Definitions
As used in this compact, unless the context clearly requires a different construction:
(1) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling its actions or conduct.
(2) "Commissioner" means the voting representative of each compacting state appointed under Article III of this compact.
(3) "Compact administrator" means the individual in each compacting state appointed under the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.
(4) "Compacting state" means any state that has enacted the enabling legislation for this compact.
(5) "Court" means any court having jurisdiction over delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator under the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.
(7) "Interstate commission" means the interstate commission for juveniles created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including:
(a) An accused delinquent, meaning a person charged with an offense that, if committed by an adult, would be a criminal offense;
(b) An adjudicated delinquent, meaning a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(c) An accused status offender, meaning a person charged with an offense that would not be a criminal offense if committed by an adult;
(d) An adjudicated status offender, meaning a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(e) A nonoffender, meaning a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(11) "Rule" means a written statement by the interstate commission issued under Article VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state. This includes the amendment, repeal, or suspension of an existing rule.
(12) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
ARTICLE III - Interstate Commission for Juveniles
(1) The compacting states hereby create the "interstate commission for juveniles." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers, and duties set forth in this section, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(2) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state under the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the interstate commission in such capacity under the applicable law of the compacting state.
(3) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the interstate commission shall be nonvoting members. The interstate commission may provide in its bylaws for such additional nonvoting members, including members of other national organizations, in such numbers as shall be determined by the commission.
(4) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(5) The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(6) The interstate commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff, administer enforcement and compliance with the compact, its bylaws, and rules, and perform such other duties as directed by the interstate commission or set forth in the bylaws.
(7) Each member of the interstate commission may cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
(8) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the interstate commission's internal personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
(10) For every closed meeting, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes.
(11) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules that specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to current technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV - Powers and Duties of the Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting states;
(2) Adopt rules to effect the purposes and obligations of this compact which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) Oversee, supervise, and coordinate the interstate movement of juveniles subject to this compact and any bylaws adopted and rules adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the rules adopted by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(5) Establish and maintain offices that are located within one or more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel services;
(8) Establish and appoint committees and hire staff that it deems necessary to carry out its functions including, but not limited to, an executive committee as required by Article III of this compact that may act on behalf of the interstate commission in carrying out its powers and duties;
(9) Elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the interstate commission's personnel policies and programs relating to inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) Accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, use, and dispose of the donations and grants;
(11) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(13) Establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management and operation of the interstate commission;
(16) Perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) Report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Reports shall also include any recommendations adopted by the interstate commission;
(18) Coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;
(19) Establish uniform standards of the reporting, collecting, and exchanging of data; and
(20) Maintain its corporate books and records in accordance with the bylaws.
ARTICLE V - Organization and Operation of the Interstate Commission
Section A. Bylaws
The interstate commission shall, by a majority of the members present and voting, within twelve months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other committees as may be necessary;
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers of the interstate commission;
(6) Providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(7) Providing "start-up" rules for initial administration of the compact; and
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff
(1) The interstate commission shall, by a majority of the members, elect annually from among its members a chair and a vice chair, each of whom has the authority and duties that are specified in the bylaws. The chair or, in the chair's absence or disability, the vice chair shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission. However, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the interstate commission deems appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as authorized by the interstate commission.
Section C. Qualified immunity, defense, and indemnification
(1) The commission's executive director and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to, loss of property, personal injury, or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. However, any such person is not protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(3) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI - Rule-making Functions of the Interstate Commission
(1) The interstate commission shall adopt and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(2) Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the "model state administrative procedures act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States supreme court. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the commission.
(3) When adopting a rule, the interstate commission shall, at a minimum:
(a) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
(c) Provide an opportunity for an informal hearing if petitioned by ten or more persons; and
(d) Adopt a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(4) The interstate commission shall allow, not later than sixty days after a rule is adopted, any interested person to file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rule-making record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the model state administrative procedures act.
(5) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that rule to have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the interstate compact on juveniles superseded by chapter 180, Laws of 2003 shall be null and void twelve months after the first meeting of the interstate commission created under this section.
(7) Upon determination by the interstate commission that a state of emergency exists, it may adopt an emergency rule that becomes effective immediately upon adoption. However, the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
ARTICLE VII - Oversight, Enforcement, and Dispute Resolution by the Interstate Commission
Section A. Oversight
(1) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules adopted under this section shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute resolution
(1) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the compact and its bylaws and rules.
(2) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII - Finance
(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall adopt a rule binding upon all compacting states that governs the assessment.
(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE IX - The State Council
Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.
Pursuant to this compact, the governor shall designate an individual who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The governor shall designate the compact administrator from a list of six individuals, three of whom are recommended by the Washington association of juvenile court administrators and three of whom are recommended by the juvenile rehabilitation administration of the department of social and health services. The administrator shall serve subject to the pleasure of the governor. The administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state.
ARTICLE X - Compacting States, Effective Date, and Amendment
(1) Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands as defined in Article II of this compact is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states and territories of the United States.
(3) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI - Withdrawal, Default, Termination,
and Judicial Enforcement
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state. However, a compacting state may withdraw from the compact by repealing the statute that enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or adopted rules, the interstate commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as set by the interstate commission; and
(d) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or rules and any other grounds designated in commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial enforcement
The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its rules, and bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
Section D. Dissolution of compact
(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII - Severability and Construction
(1) The provisions of this compact are severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact are enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII - Binding Effect of Compact and Other Laws
Section A. Other laws
(1) Nothing in this section prevents the enforcement of any other law of a compacting state that is consistent with this compact.
(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact
(1) All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[ 2003 c 180 s 1. ]
NOTES:
Contingent effective date—2003 c 180: "This act takes effect July 1, 2004, or when the interstate compact for juveniles is adopted by thirty-five or more states, whichever occurs later." [ 2003 c 180 s 4.] Illinois was the 35th state to adopt the interstate compact for juveniles on August 26, 2008.
Pursuant to the compact created in RCW 13.24.011, the governor is hereby authorized and empowered to designate a state council as required in Article IX of the compact.
[ 2003 c 180 s 2. ]
NOTES:
Contingent effective date—2003 c 180: See note following RCW 13.24.011.
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
[ 1955 c 284 s 3. ]
(1) The governor is hereby authorized and directed to execute a compact amending and supplementing the interstate compact on juveniles on behalf of this state with any other state or states legally joining therein in the form substantially as set forth in subsection (2) of this section.
(2)(a) All provisions and procedures of Articles V and VI of the interstate compact on juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the compact shall be forwarded by the judge of the court in which the petition has been filed.
(b) This amendment provides additional remedies and shall be binding only as among and between those party states which substantially execute the same.
[ 1979 c 155 s 36. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
The compact administrator, subject to the approval of the office of financial management, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
[ 1979 ex.s. c 86 s 1; 1955 c 284 s 4. ]
NOTES:
Severability—1979 ex.s. c 86: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 86 s 9.]
Any judge of this state who appoints counsel or guardian ad litem pursuant to the provision of the compact may, in his or her discretion, fix a fee to be paid out of funds available for disposition by the court but no such fee shall exceed twenty-five dollars.
[ 2010 c 8 s 4005; 1955 c 284 s 5. ]
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
[ 1955 c 284 s 6. ]
This chapter may be cited as the "uniform interstate compact on juveniles."
[ 1955 c 284 s 7. ]
The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity of parents make them better qualified to establish guidelines beneficial to and protective of their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.
The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.
The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.
The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.
The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.
The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth including services and assessments conducted under chapter 13.32A RCW and *RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.
The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.
The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.
[ 2000 c 123 s 1; 1995 c 312 s 1; 1979 c 155 s 15. ]
NOTES:
*Reviser's note: RCW 74.13.033 was recodified as RCW 43.185C.305 pursuant to 2015 c 69 s 30.
Short title—1995 c 312: "This act may be known and cited as the "Becca bill."" [ 1995 c 312 s 2.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
It is the intent of the legislature to:
(1) Preserve, strengthen, and reconcile families experiencing problems with at-risk youth;
(2) Provide a legal process by which parents who are experiencing problems with at-risk youth can request and receive assistance from juvenile courts in providing appropriate care, treatment, and supervision to such youth; and
(3) Assess the effectiveness of the family reconciliation services program.
The legislature does not intend by this enactment to grant any parent the right to file an at-risk youth petition or receive juvenile court assistance in dealing with an at-risk youth. The purpose of chapter 276, Laws of 1990 is to create a process by which a parent of an at-risk youth may request and receive assistance subject to the availability of juvenile court services and resources. Recognizing that these services and resources are limited, the legislature intends that counties have the authority to impose reasonable limits on the utilization of juvenile court services and resources in matters related to at-risk youth. Any responsibilities imposed upon the department under chapter 276, Laws of 1990 shall be contingent upon the availability of funds specifically appropriated by the legislature for such purpose.
[ 1990 c 276 s 1. ]
This chapter shall be known and may be cited as the family reconciliation act.
[ 1990 c 276 s 2; 1979 c 155 s 16. ]
NOTES:
Conflict with federal requirements—1990 c 276: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1990 c 276 s 19.]
Severability—1990 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 276 s 20.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances that indicate the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.
(2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.
(3) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.
(4) "Child," "juvenile," "youth," and "minor" mean any unemancipated individual who is under the chronological age of eighteen years.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person;
(b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person;
(c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B) services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to use, these services; and
(iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure; or
(d) Who is a "sexually exploited child."
(6) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.
(7) "Community-based family reconciliation services" means family reconciliation services as defined in this section that are provided by a community-based entity under contract with the department.
(8) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.
(9) "Custodian" means the person or entity that has the legal right to custody of the child.
(10) "Department" means the department of children, youth, and families.
(11) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
(12) "Family reconciliation services" means services provided by culturally relevant, trauma-informed community-based entities under contract with the department, or provided directly by the department, designed to assess and stabilize the family with the goal of resolving crisis and building supports, skills, and connection to community networks and resources including, but not limited to:
(a) Referrals for services for suicide prevention, psychiatric or other medical care, psychological care, behavioral health treatment, legal assistance, or educational assistance;
(b) Parent training;
(c) Assistance with conflict management or dispute resolution; or
(d) Other social services, as appropriate to meet the needs of the child and the family.
(13) "Guardian" means the person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.
(14) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team must include the parent, a department caseworker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members must be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.
(15) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(16) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.
(17) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.
(18) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.
(19) "Sexually exploited child" means any person under the age of eighteen who is a victim of the crime of commercial sex abuse of a minor under RCW 9.68A.100, promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102.
(20) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.
(21) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.
[ 2025 c 165 s 1. Prior: 2020 c 51 s 1; 2017 3rd sp.s. c 6 s 417; 2013 c 4 s 1; 2010 c 289 s 1; 2000 c 123 s 2; 1997 c 146 s 1; 1996 c 133 s 9; 1995 c 312 s 3; 1990 c 276 s 3; 1985 c 257 s 6; 1979 c 155 s 17. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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—2010 c 289: "Section 1 of this act takes effect July 1, 2011." [ 2010 c 289 s 2.]
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) Subject to the availability of funding appropriated for this specific purpose, the department, or a designated contractor of the department, shall:
(a) Offer family reconciliation services to families or youth who are experiencing conflict and who may be in need of services upon request from the family or youth;
(b) Offer family reconciliation services to families or youth after receiving a report that a youth is away from a lawfully prescribed residence or home without parental permission under RCW 13.32A.082(1). If the family or youth is being served by the community support team created under RCW 43.330.726, the department or designated contractor of the department must:
(i) Still offer family reconciliation services; and
(ii) Coordinate with the community support team created in RCW 43.330.726;
(c) Offer family reconciliation services to families or youth, where the youth is in a county juvenile detention center and family conflict exists, upon request by the youth, family, or juvenile detention center; and
(d) Offer family reconciliation services to families or youth, where the youth is identified through the housing stability for youth in crisis program as described in *RCW 43.330.724, upon request by the youth, family, or program.
(2) The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible.
[ 2025 c 165 s 2; 2023 c 151 s 1; 2020 c 51 s 2; 2000 c 123 s 3; 1995 c 312 s 5; 1994 c 304 s 3; 1990 c 276 s 4; 1981 c 298 s 1; 1979 c 155 s 18. ]
NOTES:
*Reviser's note: RCW 43.330.724 expired July 1, 2026.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1994 c 304: See note following RCW 28A.635.060.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 298 s 20.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) Beginning December 1, 2020, and annually thereafter, in compliance with RCW 43.01.036, the department shall make data available on the use of family reconciliation services which includes:
(a) The number of requests for family reconciliation services;
(b) The number of referrals made for family reconciliation services;
(c) The demographic profile of families and youth accessing family reconciliation services including race, ethnicity, housing status, child welfare history, existence of an individualized education program, eligibility for services under 29 U.S.C. Sec. 701, or eligibility for other disability-related services;
(d) The nature of the family conflict;
(e) The type and length of the family reconciliation services delivered;
(f) Family outcomes after receiving family reconciliation services;
(g) Recommendations for improving family reconciliation services;
(h) The number of requests for community-based reconciliation services; and
(i) The number of referrals made to community-based family reconciliation services.
(2) If the department cannot provide the information specified under subsection (1) of this section, the department shall identify steps necessary to obtain and make available the information required under subsection (1) of this section.
[ 2025 c 165 s 3; 2020 c 51 s 4. ]
By July 1, 2025, and subject to the amounts appropriated for this specific purpose, the department shall offer a contract or contracts to provide community-based family reconciliation services in at least one location that is already providing community-based family reconciliation services.
[ 2025 c 165 s 4. ]
NOTES:
Effective date—2025 c 165 s 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2025." [ 2025 c 165 s 5.]
(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Unlawful harboring of a minor is punishable as a gross misdemeanor.
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
[ 2000 c 123 s 9; 1994 sp.s. c 7 s 507; 1981 c 298 s 6; 1979 c 155 s 22. ]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1)(a) Except as provided in (b) of this subsection, any person, unlicensed youth shelter, or runaway and homeless youth program that, without legal authorization, provides shelter to a minor and that knows at the time of providing the shelter that the minor is away from a lawfully prescribed residence or home without parental permission, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department.
(b)(i) If a licensed overnight youth shelter, or another licensed organization with a stated mission to provide services to homeless or runaway youth and their families, shelters a child and knows at the time of providing the shelter that the child is away from a lawfully prescribed residence or home without parental permission, it must contact the youth's parent within 72 hours, but preferably within 24 hours, following the time that the youth is admitted to the shelter or other licensed organization's program. The notification must include the whereabouts of the youth, a description of the youth's physical and emotional condition, and the circumstances surrounding the youth's contact with the shelter or organization. If there are compelling reasons not to notify the parent, the shelter or organization must instead notify the department. When a minor remains in a licensed overnight youth shelter or with another licensed organization with a stated mission to provide services to homeless or runaway youth and their families under subsection (1)(b)(i)(A) and (B) of this section [(b)(i)(A) and (B) of this subsection], the shelter or organization must also notify the department. A minor may provide authorization to remain in a licensed overnight youth shelter or with another licensed organization with a stated mission to provide services to homeless or runaway youth and their families, subject to any limits established by those licensed shelters or organizations, for up to 90 days if:
(A) The licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth and their families is unable to make contact with a parent despite their notification efforts required under this section; or
(B) The licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth and their families makes contact with a parent, but the parent does not request that the child return home even if the parent does not provide consent for the minor remaining in the licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth.
(ii) At least once every eight hours after learning that a youth receiving services or shelter under this section is away from home without permission, the shelter or organization staff must consult the information that the Washington state patrol makes publicly available under RCW 43.43.510(2). If the youth is publicly listed as missing, the shelter or organization must immediately notify the department of its contact with the youth listed as missing. The notification must include a description of the minor's physical and emotional condition and the circumstances surrounding the youth's contact with the shelter or organization.
(c) Reports required under this section may be made by telephone or any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which the person has any control.
(b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.
(c) "Compelling reasons" include, but are not limited to:
(i) Circumstances that indicate that notifying the parent or legal guardian will subject the minor to abuse or neglect as defined in RCW 26.44.020; or
(ii) When a minor is seeking or receiving protected health care services.
(d) "Protected health care services" means gender-affirming treatment as defined in RCW 74.09.675 and reproductive health care services as defined in RCW 74.09.875.
(3)(a) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services to the youth and the family designed to resolve the conflict, including offering family reconciliation services, and accomplish a reunification of the family. The department shall offer services under this subsection as soon as possible, but no later than three days, excluding weekends and holidays, following the receipt of a report under subsection (1) of this section.
(b) When the department receives a report under subsection (1) of this section for a minor who is seeking or receiving protected health care services, it shall:
(i) Offer to make referrals on behalf of the minor for appropriate behavioral health services; and
(ii) Offer services designed to resolve the conflict and accomplish a reunification of the family.
(4) Nothing in this section prohibits any person, unlicensed youth shelter, or runaway and homeless youth program from immediately reporting the identity and location of any minor who is away from a lawfully prescribed residence or home without parental permission more promptly than required under this section.
(5) Nothing in this section limits a person's duty to report child abuse or neglect as required by RCW 26.44.030 or removes the requirement that the law enforcement agency of the jurisdiction in which the person lives be notified.
[ 2023 c 408 s 2; 2023 c 151 s 2; 2013 c 4 s 2; 2011 c 151 s 1; 2010 c 229 s 2; 2000 c 123 s 10; 1996 c 133 s 14; 1995 c 312 s 34. ]
NOTES:
Reviser's note: This section was amended by 2023 c 151 s 2 and by 2023 c 408 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2023 c 408: "The legislature finds that unsheltered homelessness for youth poses a serious threat to their health and safety. The Trevor project has found that one in three transgender youth report attempting suicide. Homelessness amongst transgender youth can further endanger an already at-risk population. The legislature further finds that barriers to accessing shelter can place a chilling effect on exiting unsheltered homelessness and therefore create additional risk and dangers for youth. Youth seeking certain medical services are especially at risk and vulnerable. Therefore, the legislature intends to remove barriers to accessing temporary, licensed shelter accommodations for youth seeking certain protected health care services." [ 2023 c 408 s 1.]
Effective date—2011 c 151 s 1: "Section 1 of this act takes effect July 1, 2012." [ 2011 c 151 s 2.]
Findings—2010 c 229: "The legislature finds that youth services provide safety to youth on the streets and are a critical pathway to ensuring the youth's return home. Runaway youth are without protection, live under the threat of violence, and fall victim to predators who exploit their vulnerability. The policy of this state is to provide assistance to youth in crisis and to protect and preserve families. In order to effectively serve youth on the streets and promote their safe return home, shelters must have the time to establish and maintain an environment that facilitates open communication and trust.
The legislature also finds that parents of runaway youth have an interest in knowing their sons and daughters are safe in a shelter, rather than on the streets without protection. The legislature further finds that law enforcement and the department can notify a parent that the youth is safe, without disclosing the youth's location or compromising the ability of youth services providers to effectively assist youth in crisis." [ 2010 c 229 s 1.]
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.
If a person provides the notice required in RCW 13.32A.082, he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.
[ 1995 c 312 s 36. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
A private right of action or claim on the part of a parent is created against an unlicensed youth shelter or unlicensed runaway and homeless youth program that fails to meet the reporting requirements in RCW 13.32A.082(1) (a), (b), and (c).
[ 2013 c 4 s 3; 2010 c 229 s 3. ]
NOTES:
Findings—2010 c 229: See note following RCW 13.32A.082.
Whenever a law enforcement agency receives a report from a parent that his or her child, or child over whom the parent has custody, has without permission of the parent left the home or residence lawfully prescribed for the child under circumstances where the parent believes that the child has run away from the home or the residence, the agency shall provide for placing information identifying the child in files under RCW 43.43.510.
[ 1995 c 312 s 37. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Where a child is placed in an out-of-home placement pursuant to *RCW 13.32A.090(3)(d)(ii), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.
[ 2000 c 123 s 13; 1996 c 133 s 16; 1981 c 298 s 8; 1979 c 155 s 24. ]
NOTES:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
If a child who has a legal residence outside the state of Washington is admitted to a crisis residential center or is released by a law enforcement officer to the department, and the child refuses to return home, the provisions of *RCW 13.24.010 shall apply.
[ 1996 c 133 s 17; 1979 c 155 s 25. ]
NOTES:
*Reviser's note: RCW 13.24.010 was repealed by 2003 c 180 s 3, effective August 26, 2008.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Interstate compact on juveniles: Chapter 13.24 RCW.
(1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to *RCW 13.32A.090(3)(d)(ii), the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.
(2) If a child and his or her parent cannot agree to an out-of-home placement under *RCW 13.32A.090(3)(d)(ii), either the child or parent may file a child in need of services petition to approve an out-of-home placement or the parent may file an at-risk youth petition.
(3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement under *RCW 13.32A.090(3)(d)(ii), either the child or parent may file a child in need of services petition to continue an out-of-home placement or the parent may file an at-risk youth petition.
[ 2000 c 123 s 14; 1996 c 133 s 18; 1995 c 312 s 11; 1990 c 276 s 7; 1979 c 155 s 26. ]
NOTES:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.
Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.
[ 1995 c 312 s 44. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
The department may take a runaway youth to a secure facility after attempting to notify the parent of the child's whereabouts. The department may not take a child to a secure facility if the department has reasonable cause to believe that the reason for the child's runaway status is the result of abuse or neglect.
[ 2009 c 569 s 5. ]
Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:
(1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:
(a) The parent has been notified that the child was so admitted or placed;
(b) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;
(c) No agreement between the parent and the child as to where the child shall live has been reached;
(d) No child in need of services petition has been filed by either the child or parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
(2) The child has been admitted to a crisis residential center and:
(a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;
(b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the home of his or her parent.
(3) An agreement between parent and child made pursuant to *RCW 13.32A.090(3)(d)(ii) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer acceptable has so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
(c) No new agreement between parent and child as to where the child shall live has been reached;
(d) No child in need of services petition has been filed by either the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed and resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.
[ 2000 c 123 s 16; 1997 c 146 s 5; 1996 c 133 s 19; 1995 c 312 s 15; 1990 c 276 s 9; 1981 c 298 s 10; 1979 c 155 s 28. ]
NOTES:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department, or a community-based entity under contract with the department, has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child.
(2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child before completion of a family assessment. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.
(3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.
[ 2020 c 51 s 3; 2019 c 312 s 10; 2000 c 123 s 17; 1996 c 133 s 20; 1995 c 312 s 16; 1992 c 205 s 208; 1990 c 276 s 10; 1989 c 269 s 1; 1981 c 298 s 11; 1979 c 155 s 29. ]
NOTES:
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
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.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(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) When a child in need of services petition is filed by the department, and the court or the petitioning party knows or has reason to know that an Indian child is involved, the provisions of chapter 13.38 RCW apply.
[ 2011 c 309 s 21; 2004 c 64 s 5; 2000 c 123 s 18; 1996 c 133 s 21; 1995 c 312 s 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.
(1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.130, 13.34, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
(2) Upon filing of a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, HOPE center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
(3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.
[ 2020 c 312 s 724; 2019 c 124 s 1; 2000 c 123 s 19; 1997 c 146 s 6; 1996 c 133 s 22; 1995 c 312 s 17; 1990 c 276 s 11; 1989 c 269 s 2; 1979 c 155 s 30. ]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.
(2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:
(a) The child is a child in need of services as defined in RCW 13.32A.030(5);
(b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(d) A suitable out-of-home placement resource is available.
The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.
The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; or (c) dismiss the petition.
At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.
[ 2000 c 123 s 20; 1996 c 133 s 23; 1995 c 312 s 18; 1989 c 269 s 3; 1987 c 524 s 1; 1985 c 257 s 10; 1984 c 188 s 1; 1981 c 298 s 12; 1979 c 155 s 31. ]
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.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
In any proceeding in which the court approves an out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.
[ 1995 c 312 s 19; 1987 c 435 s 13; 1981 c 298 s 15. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1981 c 298: See note following RCW 13.32A.040.
A determination of support payments ordered under RCW 13.32A.175 shall be based upon chapter 26.19 RCW.
[ 1995 c 312 s 22; 1988 c 275 s 14. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.
The department shall promulgate rules that create good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement under chapter 13.34 or 13.32A RCW that do not violate federal funding requirements.
[ 2017 3rd sp.s. c 6 s 418; 2001 c 332 s 8. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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.
(1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.
(2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days.
At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(3).
(3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.
(4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.
(5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.
(6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
(c) The department has exhausted all available and appropriate resources that would result in reunification.
(7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.
[ 2000 c 123 s 21; 1997 c 146 s 7; 1996 c 133 s 24; 1995 c 312 s 20. ]
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.
(1) If the court orders a three-month out-of-home placement for the child, the court shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.
(2) No placement made pursuant to this section may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974.
[ 1995 c 312 s 23; 1979 c 155 s 32. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) Upon making a dispositional order under RCW 13.32A.179, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in programs for reconciliation of their conflict.
(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with this chapter. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.
(3) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order the child to return to the home of the parent at the expiration of the placement. If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring the child to return to the home of the child's parent.
(4) The parents and the department may request, and the juvenile court may grant, dismissal of an out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
(c) The department has exhausted all available and appropriate resources that would result in reunification.
(5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).
(6) The court may dismiss a child in need of services petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.
(7) The court shall dismiss a child in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.
[ 1996 c 133 s 25; 1995 c 312 s 24; 1989 c 269 s 5; 1984 c 188 s 2; 1981 c 298 s 13; 1979 c 155 s 33. ]
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.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:
(a) The child is an at-risk youth;
(b) The petitioner has the right to legal custody of the child;
(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
(2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.
(3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.
[ 2000 c 123 s 22; 1995 c 312 s 25. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
(1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:
(a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent and the child of such date;
(b) Notify the parent of the right to be represented by counsel at the parent's own expense;
(c) Appoint legal counsel for the child;
(d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and
(e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.
(2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent.
(3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center. If the child is placed in detention, a review shall be held as provided in *RCW 13.32A.065.
(4) If both a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth petition. Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a child in need of services petition. The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home.
[ 1997 c 146 s 8; 1996 c 133 s 26; 1995 c 312 s 26; 1990 c 276 s 12. ]
NOTES:
*Reviser's note: RCW 13.32A.065 was recodified as RCW 43.185C.270 pursuant to 2015 c 69 s 30. RCW 43.185C.270 was subsequently repealed by 2019 c 312 s 18.
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
(1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court shall grant the petition and enter an order finding the child to be an at-risk youth if the allegations in the petition are established by a preponderance of the evidence, unless the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or in an out-of-home placement as provided in RCW 13.32A.192(2).
(2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.
(3) If the court grants or denies an at-risk youth petition, a statement of the written reasons shall be entered into the records. If the court denies an at-risk youth petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.
[ 2000 c 123 s 23; 1996 c 133 s 27; 1995 c 312 s 27; 1990 c 276 s 13. ]
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
(1) A dispositional hearing shall be held no later than fourteen days after the fact-finding hearing. Each party shall be notified of the time and date of the hearing.
(2) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.
(3) The court may set conditions of supervision for the child that include:
(a) Regular school attendance;
(b) Counseling;
(c) Participation in a substance abuse or mental health outpatient treatment program;
(d) Reporting on a regular basis to the department or any other designated person or agency; and
(e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.
(4) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.
(5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.
(6) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time. Upon such a request, the court shall dismiss the matter and cease court supervision of the child unless: (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or (c) an order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction under that subsection. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.
(7) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.
[ 2000 c 123 s 24; 1995 c 312 s 28; 1991 c 364 s 14; 1990 c 276 s 14. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
Findings—Construction—Conflict with federal requirements—1991 c 364: See notes following RCW 71.05.210.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
(1) In a disposition hearing, after a finding that a child is a child in need of services or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the child involved in those proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment. The court may order that a child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties or needs. The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary to protect the child and that a less restrictive order would be inadequate to protect the child, given the child's age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again.
(2) The order shall require periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement. At each review hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198 [ 13.32A.198].
(3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a child in need of services or an at-risk youth as defined in RCW 13.32A.030.
(4) State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.
[ 1996 c 133 s 3. ]
NOTES:
Findings—1996 c 133: "The legislature finds that no children should be exposed to the dangers inherent in living on the streets. The legislature further finds that there are children who are not mentally ill or chemically dependent who are living on the street in dangerous situations. These children through their at-risk behavior place themselves at great personal risk and danger. The legislature further finds that these children with at-risk behaviors should receive treatment for their problems that result in excessive opposition to parental authority." [ 1996 c 133 s 1.]
Short title—1996 c 133: "This act shall be known and cited as the "Becca Too" bill." [ 1996 c 133 s 2.]
Intent—Construction—1996 c 133: "It is the intent of the legislature that the changes in this act be construed to expedite the administrative and judicial processes provided for in the existing and amended statutes to assist in assuring that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their stay at the center." [ 1996 c 133 s 38.]
(1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing.
(2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child. The court shall determine whether the parent and child are complying with the dispositional plan. If court supervision is continued, the court may modify the dispositional plan.
(3) Court supervision of the child may not be continued past one hundred eighty days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision. Any extension granted pursuant to this subsection shall not exceed ninety days.
(4) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan. The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.
[ 1990 c 276 s 15. ]
NOTES:
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
(1) All hearings pursuant to this chapter may be conducted at any time or place within the county of the residence of the parent and such cases shall be heard in conjunction with the business of any other division of the superior court, except as provided in subsections (2) and (3) of this section.
(2) The public shall be excluded from a child in need of services hearing if the judicial officer finds that it is in the best interest of the child.
(3) The public shall be excluded from an at-risk youth hearing if:
(a) The judicial officer finds that it is in the best interest of the child; or
(b) Either parent requests that the public be excluded from the hearing.
(4) At the beginning of the at-risk youth hearing, the judicial officer shall notify the parents that either parent has the right to request that the public be excluded from the at-risk youth hearing.
(5) If the public is excluded from hearings under subsection (2) or (3) of this section, only such persons who are found by the court to have a direct interest in the case or the work of the court shall be admitted to the proceedings.
[ 2007 c 213 s 1; 2000 c 123 s 25; 1979 c 155 s 34. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
No superior court may refuse to accept for filing a properly completed and presented child in need of services petition or an at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.
[ 1995 c 312 s 32. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences such as family constellation, ethnicity, and religion shall be given consideration when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and should be integrated through the foster care team.
[ 1990 c 284 s 24. ]
NOTES:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
(1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter and the possible consequences thereof, including confinement when applicable. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.
(2) Failure by a party in an at-risk youth proceeding to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.
(3) For at-risk youth proceedings only:
(a) If the child fails to comply with the court order, the court may impose:
(i) Community restitution;
(ii) Residential and nonresidential programs with intensive wraparound services;
(iii) A requirement that the child meet with a mentor for a specified number of times; or
(iv) Other services and interventions that the court deems appropriate.
(b)(i) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement to a secure residential program with intensive wraparound services, or both for contempt of court under this section if (A) one of the less restrictive alternatives under (a) of this subsection has been attempted and another violation of the order has occurred, or (B) the court issues a formal finding that none of the less restrictive alternatives is available.
(ii) A child placed in confinement for contempt under this section may be placed in a secure crisis residential center or any program approved by the department offering secure confinement and intensive wraparound services appropriate to the needs of the child. The child may not be placed in a detention facility as defined in RCW 13.40.020. Secure residential programs with intensive wraparound services as used in this section may be defined as secure juvenile correctional facilities for the purposes of federal law only.
(c) A child involved in a child in need of services proceeding may not be placed in confinement under this section.
(4) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.
(5) For at-risk youth proceedings only, whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court must direct the court clerk to command the presence of the child by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the child would not appear in response to the command or finds probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, in which case the court may issue a warrant. A warrant of arrest must be supported by an affidavit or sworn testimony, which must be recorded electronically or by stenographer, establishing the grounds for issuing the warrant. The warrant of arrest for a child under this subsection may not be served on a child inside of school during school hours in a location where other students are present if the child named in the warrant is a pupil at the school. The court must communicate the summons to the child through mail, telephone, text message, or other method of communication needed in order to ensure the child has received the information. If the child fails to appear via the summons or other method, the court may issue an order directing law enforcement to pick up and take the child to detention.
(6) Nothing in this section shall be construed to limit the court's inherent contempt power or curtail its exercise.
[ 2019 c 312 s 9; 2019 c 312 s 8; 2019 c 312 s 7; 2000 c 162 s 14; 2000 c 162 s 4; 1998 c 296 s 37; 1996 c 133 s 28; 1995 c 312 s 29; 1990 c 276 s 16. Prior: 1989 c 373 s 16; 1989 c 269 s 4; 1981 c 298 s 14. ]
NOTES:
Effective date—2019 c 312 ss 6 and 9: See note following RCW 7.21.030.
Effective date—2019 c 312 ss 4, 8, and 12: See note following RCW 7.21.030.
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
Effective date—2000 c 162 ss 11-17: See note following RCW 43.185C.265.
Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.
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.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that child with the services and treatment specified in RCW * 74.14B.060 and 74.14B.070.
[ 2010 c 289 s 3. ]
NOTES:
*Reviser's note: RCW 74.14B.060 was repealed by 2012 c 29 s 14.
Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.
[ 1995 c 312 s 43. ]
NOTES:
Short title—1995 c 312: See note following RCW 13.32A.010.
This chapter shall be known as the "Juvenile Court Act in Cases Relating to Dependency of a Child and the Termination of a Parent and Child Relationship".
[ 1977 ex.s. c 291 s 29. ]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child's health and safety shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.
[ 1998 c 314 s 1; 1990 c 284 s 31; 1987 c 524 s 2; 1977 ex.s. c 291 s 30. ]
NOTES:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The department and agencies shall develop methods for coordination of services to parents and children in child dependency cases. To the maximum extent possible under current funding levels, the department and agencies must:
(a) Coordinate and integrate services to children and families, using service plans and activities that address the children's and families' multiple needs, including ensuring that siblings have regular visits with each other, as appropriate. Assessment criteria should screen for multiple needs;
(b) Develop treatment plans for the individual needs of the client in a manner that minimizes the number of contacts the client is required to make; and
(c) Access training for department and agency staff to increase skills across disciplines to assess needs for mental health, substance abuse, developmental disabilities, and other areas.
(2) The department shall coordinate within the administrations of the department, and with contracted service providers, to ensure that parents in dependency proceedings under this chapter receive priority access to remedial services recommended by the department in its social study or ordered by the court for the purpose of correcting any parental deficiencies identified in the dependency proceeding that are capable of being corrected in the foreseeable future. Services may also be provided to caregivers other than the parents as identified in RCW 13.34.138.
(a) For purposes of this chapter, remedial services are those services defined in the federal adoption and safe families act as family reunification services that facilitate the reunification of the child safely and appropriately within a timely fashion. Remedial services include individual, group, and family counseling; substance abuse treatment services; mental health services; assistance to address domestic violence; services designed to provide temporary child care and therapeutic services for families; and transportation to or from any of the above services and activities.
(b) The department shall provide funds for remedial services if the parent is unable to pay to the extent funding is appropriated in the operating budget or otherwise available to the department for such specific services. As a condition for receiving funded remedial services, the court may inquire into the parent's ability to pay for all or part of such services or may require that the parent make appropriate applications for funding to alternative funding sources for such services.
(c) If court-ordered remedial services are unavailable for any reason, including lack of funding, lack of services, or language barriers, the department shall promptly notify the court that the parent is unable to engage in the treatment due to the inability to access such services.
(d) This section does not create an entitlement to services and does not create judicial authority to order the provision of services except for the specific purpose of making reasonable efforts to remedy parental deficiencies identified in a dependency proceeding under this chapter.
[ 2019 c 172 s 1; 2018 c 284 s 1; 2009 c 520 s 20; 2007 c 410 s 2; 2002 c 52 s 2; 2001 c 256 s 2. ]
NOTES:
Short title—2007 c 410: See note following RCW 13.34.138.
Intent—2002 c 52: "It is the intent of the legislature to recognize that those sibling relationships a child has are an integral aspect of the family unit, which should be nurtured. The legislature presumes that nurturing the existing sibling relationships is in the best interest of a child, in particular in those situations where a child cannot be with their parents, guardians, or legal custodians as a result of court intervention." [ 2002 c 52 s 1.]
Finding—2001 c 256: "The department of social and health services serves parents and children with multiple needs, which cannot be resolved in isolation. Further, the complexity of service delivery systems is a barrier for families in crisis when a child is removed or a parent is removed from the home. The department must undertake efforts to streamline the delivery of services." [ 2001 c 256 s 1.]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, parental rights or responsibilities despite an ability to exercise such rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.
(2) "Child," "juvenile," and "youth" mean:
(a) Any individual under the age of eighteen years; or
(b) Any individual age 18 to 21 years who is eligible to receive and who elects to receive the extended foster care services authorized under RCW 74.13.031. A youth who remains dependent and who receives extended foster care services under RCW 74.13.031 shall not be considered a "child" under any other statute or for any other purpose.
(3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until: (a) The child returns home; (b) an adoption decree, a permanent custody order, or guardianship order is entered; or (c) the dependency is dismissed, whichever occurs first.
(4) "Department" means the department of children, youth, and families.
(5) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to this chapter for the limited purpose of assisting the court in the supervision of the dependency.
(6) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in RCW 26.44.020 by a person legally responsible for the care of the child;
(c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development;
(d) Is receiving extended foster care services, as authorized by RCW 74.13.031; or
(e) Is a victim of sex trafficking or severe forms of trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq., when the parent is involved in the trafficking, facilitating the trafficking, or should have known that the child is being trafficked.
(7) "Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary of the department of social and health services to be closely related to an intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual.
(8) "Educational liaison" means a person who has been appointed by the court to fulfill responsibilities outlined in RCW 13.34.046.
(9) "Experiencing homelessness" means lacking a fixed, regular, and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic hardship, fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.
(10) "Extended foster care services" means residential and other support services the department is authorized to provide under RCW 74.13.031. These services may include placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; supervised independent living subsidy; medical assistance; and counseling or treatment.
(11) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding, including a guardian appointed pursuant to chapter 13.36 RCW; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.
(12) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.
(13) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(14) "Guardianship" means a guardianship pursuant to chapter 13.36 RCW or a limited guardianship of a minor pursuant to RCW 11.130.215 or equivalent laws of another state or a federally recognized Indian tribe.
(15) "High-potency synthetic opioid" means an unprescribed synthetic opioid classified as a Schedule II controlled substance or controlled substance analog in chapter 69.50 RCW or by the pharmacy quality assurance commission in rule including, but not limited to, fentanyl.
(16) "Housing assistance" means appropriate referrals by the department or other agencies to federal, state, local, or private agencies or organizations, assistance with forms, applications, or financial subsidies or other monetary assistance for housing. For purposes of this chapter, "housing assistance" is not a remedial service or family reunification service as described in RCW 13.34.025(2).
(17) "Indigent" means a person who, at any stage of a court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, aged, blind, or disabled assistance benefits, medical care services under RCW 74.09.035, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of 125 percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.
(18) "Nonminor dependent" means any individual age 18 to 21 years who is participating in extended foster care services authorized under RCW 74.13.031.
(19) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(20) "Parent" means the biological or adoptive parents of a child, or an individual who has established a parent-child relationship under RCW 26.26A.100, unless the legal rights of that person have been terminated by a judicial proceeding pursuant to this chapter, chapter 26.33 RCW, or the equivalent laws of another state or a federally recognized Indian tribe.
(21) "Prevention and family services and programs" means specific mental health prevention and treatment services, substance abuse prevention and treatment services, and in-home parent skill-based programs that qualify for federal funding under the federal family first prevention services act, P.L. 115-123. For purposes of this chapter, prevention and family services and programs are not remedial services or family reunification services as described in RCW 13.34.025(2).
(22) "Prevention services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing assistance, capable of preventing the need for out-of-home placement while protecting the child. Prevention services include, but are not limited to, prevention and family services and programs as defined in this section.
(23) "Qualified residential treatment program" means a program that meets the requirements provided in RCW 13.34.420, qualifies for funding under the family first prevention services act under 42 U.S.C. Sec. 672(k), and, if located within Washington state, is licensed as a group care facility under chapter 74.15 RCW.
(24) "Relative" includes persons related to a child in the following ways:
(a) Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(b) Stepfather, stepmother, stepbrother, and stepsister;
(c) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(d) Spouses of any persons named in (a), (b), or (c) of this subsection, even after the marriage is terminated;
(e) Relatives, as named in (a), (b), (c), or (d) of this subsection, of any half sibling of the child; or
(f) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a 24 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(25) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.
(26) "Sibling" means a child's birth brother, birth sister, adoptive brother, adoptive sister, half-brother, or half-sister, or as defined by the law or custom of the Indian child's tribe for an Indian child as defined in RCW 13.38.040.
(27) "Social study" means a written evaluation of matters relevant to the disposition of the case that contains the information required by RCW 13.34.430.
(28) "Supervised independent living setting" includes, but is not limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings. Supervised independent living settings must be approved by the department or the court.
(29) "Supervised independent living subsidy" has the same meaning as in RCW 74.13.020.
(30) "Voluntary placement agreement" has, for the purposes of extended foster care services, the same meaning as in RCW 74.13.336.
[ 2024 c 328 s 101; 2024 c 298 s 4; 2024 c 192 s 2. Prior: 2021 c 304 s 1; 2021 c 67 s 2; 2020 c 312 s 114; prior: 2019 c 172 s 2; 2019 c 46 s 5016; prior: 2018 c 284 s 3; (2018 c 284 s 2 expired July 1, 2018); 2018 c 58 s 54; 2017 3rd sp.s. c 6 s 302; 2017 c 276 s 2; prior: 2013 c 332 s 2; 2013 c 182 s 2; prior: 2011 1st sp.s. c 36 s 13; prior: 2011 c 330 s 3; 2011 c 309 s 22; prior: 2010 1st sp.s. c 8 s 13; 2010 c 272 s 10; 2010 c 94 s 6; prior: 2009 c 520 s 21; 2009 c 397 s 1; 2003 c 227 s 2; 2002 c 52 s 3; 2000 c 122 s 1; 1999 c 267 s 6; 1998 c 130 s 1; 1997 c 386 s 7; 1995 c 311 s 23; 1994 c 288 s 1; 1993 c 241 s 1; 1988 c 176 s 901; 1987 c 524 s 3; 1983 c 311 s 2; 1982 c 129 s 4; 1979 c 155 s 37; 1977 ex.s. c 291 s 31. ]
NOTES:
Reviser's note: This section was amended by 2024 c 192 s 2, 2024 c 298 s 4, and by 2024 c 328 s 101, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2024 c 328: See note following RCW 13.34.050.
Effective date—2024 c 298: See note following RCW 9A.40.100.
Findings—Intent—2024 c 192: "The legislature recognizes that the extended foster care program strives to help hundreds of young Washingtonians in foster care prepare for adulthood and to prevent them from experiencing homelessness.
The legislature finds that extended foster care can reduce homelessness, receipt of public assistance, use of medical emergency departments, diagnosis of substance abuse and treatment, criminal convictions, and involvement of children in the child welfare system. An analysis from the department of social and health services found that, at age 18, 41 percent of youth exiting the foster care system experienced homelessness or housing instability compared to 23 percent of youth in extended foster care.
The legislature finds that the Washington state institute for public policy's benefit-cost analysis found that the extended foster care program produces $3.95 of lifetime benefits for each $1 invested. Furthermore, of the total benefits, 40 percent represents savings and revenue that would accrue to state, local, and federal governments.
However, the legislature recognizes that young people in foster care still experience barriers to accessing the program: In 2022, 27 percent of young people leaving foster care did not participate in extended foster care. The legislature intends to improve outcomes for youth in the foster care system by improving access to the foster care program.
Therefore, the legislature resolves to reduce barriers that young people currently experience when seeking to participate in extended foster care and to make the transition from foster care to extended foster care as seamless as possible, such that all dependent youth are aware of the program when they turn 18 and all youth who want to participate are able to participate." [ 2024 c 192 s 1.]
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67: "Sections 3, 8, 13, 20, 33, 36, and 66 [67] of this act take effect July 1, 2018." [ 2018 c 284 s 70.]
Expiration date—2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66: "Sections 2, 7, 12, 19, 32, 35, and 65 [66] of this act expire July 1, 2018." [ 2018 c 284 s 71.]
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2017 3rd sp.s. c 6 ss 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—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
Findings—2013 c 182: "The legislature believes that youth residing in foster care are capable of achieving success in school with appropriate support. Youth residing in foster care in Washington state lag behind their nonfoster youth peers in educational outcomes. Reasonable efforts by the department of social and health services to monitor educational outcomes and encourage academic achievement for youth in out-of-home care should be a responsibility of the child welfare system. When a youth is removed from his or her school district, it is the expectation of the legislature that the department of social and health services recognizes [recognize] the impact this move may have on a youth's academic success and provide the youth with necessary supports to be successful in school. The legislature believes that active oversight and advocacy by an educational liaison and collaborations will encourage youth to reach their fullest academic potential." [ 2013 c 182 s 1.]
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.
Intent—2011 c 330: See note following RCW 13.04.011.
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8: See notes following RCW 74.04.225.
Purpose—2010 c 94: See note following RCW 44.04.280.
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Conflict with federal requirements—1993 c 241: " If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1993 c 241 s 5.]
Legislative finding—1983 c 311: "The legislature finds that in order for the state to receive federal funds for family foster care under Title IV-B and Title IV-E of the social security act, all children in family foster care must be subjected to periodic court review. Unfortunately, this includes children who are developmentally disabled and who are placed in family foster care solely because their parents have determined that the children's service needs require out-of-home placement. Except for providing such needed services, the parents of these children are completely competent to care for the children. The legislature intends by this act to minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with these federal requirements." [ 1983 c 311 s 1.]
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The administrative office of the courts shall develop standard court forms and format rules for mandatory use by parties in dependency matters commenced under this chapter or chapter 26.44 RCW. Forms shall be developed not later than November 1, 2009, and the mandatory use requirement shall be effective January 1, 2010. The administrative office of the courts has continuing responsibility to develop and revise mandatory forms and format rules as appropriate.
(2) According to rules established by the administrative office of the courts, a party may delete unnecessary portions of the forms and may supplement the mandatory forms with additional material.
(3) Failure by a party to use the mandatory forms or follow the format rules shall not be a reason to dismiss a case, refuse a filing, or strike a pleading. The court may, however, require the party to submit a corrected pleading and may impose terms payable to the opposing party or payable to the court, or both.
(4) The administrative office of the courts shall distribute a master copy of the mandatory forms to all county court clerks. Upon request, the administrative office of the courts and county clerks must distribute the forms to the public and may charge for the cost of production and distribution of the forms. Private vendors also may distribute the forms. Distribution of forms may be in printed or electronic form.
[ 2009 c 491 s 6. ]
(1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for filing such petitions.
(2) Except where the department is the petitioner, in counties having paid probation officers, these officers shall, to the extent possible, first determine if a petition is reasonably justifiable.
(3) Every petition filed in proceedings under this chapter shall contain a statement alleging whether there is a reason to know that the child is or may be an Indian child as defined in RCW 13.38.040. If there is a reason to know that the child is or may be an Indian child chapter 13.38 RCW shall apply.
(4) Every order or decree entered under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
(5) Each petition shall be verified and contain a statement constituting a dependency, including the names, residence, and contact information, if known to the petitioner, of each parent, guardian, or custodian of the alleged dependent child. If the petitioner is seeking removal of the child from a parent, guardian, or custodian the petition shall contain a clear and specific statement as to the harm that will occur if the child remains in the care of the parent, guardian, or custodian, and the facts that support that conclusion.
[ 2021 c 211 s 3; 2018 c 17 s 1; 2011 c 309 s 23; 2004 c 64 s 3; 2000 c 122 s 2; 1977 ex.s. c 291 s 32; 1913 c 160 s 5; RRS s 1987-5. Formerly RCW 13.04.060. ]
NOTES:
Effective date—2021 c 211: "Sections 1 through 10 of this act take effect July 1, 2023." [ 2021 c 211 s 12.]
Short title—2021 c 211: "This act may be known and cited as the keeping families together act." [ 2021 c 211 s 1.]
Finding—Intent—2021 c 211: "(1) The legislature recognizes that children and families are better served when the state provides support to allow children to be cared for by their loved ones and in their communities. The legislature finds that decades of research show that black and indigenous children are still disproportionately removed from their families and communities despite reform efforts.
(2) For these reasons, it is the intent of the legislature to safely reduce the number of children in foster care and reduce racial bias in the system by applying a standard criteria for determining whether to remove a child from a parent when 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." [ 2021 c 211 s 2.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The department must identify an educational liaison for youth in grades six through twelve who are subject to a proceeding under this chapter and who meet one of the following requirements:
(a) All parental rights have been terminated;
(b) Parents are unavailable because of incarceration or other limitations;
(c) The court has restricted contact between the youth and parents; or
(d) The youth is placed in a behavioral rehabilitative setting and the court has limited the educational rights of parents.
(2) If a child is placed in the custody of the department at the shelter care hearing, the department shall recommend the identified educational liaison at the shelter care hearing and all subsequent review hearings for the given case. The purpose of identifying the educational liaison at each hearing during the dependency case is to determine if the identified educational liaison remains appropriate for the case as youth change placements.
(3) It is presumed that the educational liaison is the youth's parent. If a youth's parent is not able to serve as the educational liaison, the department must identify another person to act as the educational liaison. It is preferred that the educational liaison be known to the youth and be a relative, other suitable person as described in RCW 13.34.130(1)(b), or the youth's foster parent. Birth parents with a primary plan of family reunification may serve as the educational liaison. The identified educational liaison should be a person committed to providing enduring educational support to the youth. If the department is not able to identify an adult with an existing relationship to the youth who is able to serve as the educational liaison, the court may appoint another adult as the educational liaison, such as the court-appointed special advocate if applicable, but may not appoint the youth's caseworker. In the event that any party disagrees with the department's recommendation, the court shall determine who will serve as the educational liaison based on who is most appropriate and available to act in the youth's educational interest.
[ 2013 c 182 s 3. ]
NOTES:
Findings—2013 c 182: See note following RCW 13.34.030.
(1) Unless otherwise directed by the court, the responsibilities of the educational liaison for a youth subject to a proceeding under this chapter include, but are not limited to, the following:
(a) To attend educational meetings and dependency hearings;
(b) To meet with local school personnel at regular intervals regarding the youth's educational performance and academic needs;
(c) To seek to understand the youth's academic strengths, areas of concern, and future life goals;
(d) To advocate for necessary educational services;
(e) To join in decision-making processes regarding appropriate school placements, school coursework, personal future, and educational planning;
(f) To explore opportunities and barriers for youth to participate in extracurricular activities;
(g) To involve youth in educational decisions as developmentally appropriate;
(h) To keep all information regarding the youth confidential except as required pursuant to lawful order of a court; and
(i) To provide a written or verbal report to the court during each dependency hearing. The report must include information about the youth's educational progress, experience in school, and the educational liaison's and youth's recommendations regarding needed services in school or the community.
(2) The educational liaison may serve as the surrogate parent or educational representative under federal law.
(3) The educational liaison may have access to all educational records pertaining to the youth involved in the case, without the consent of a parent or guardian of the child, or if the child is under thirteen years of age.
(4) The educational liaison is a volunteer and not compensated for services.
(5) The educational liaison must complete background checks as required by the department.
[ 2013 c 182 s 5. ]
NOTES:
Findings—2013 c 182: See note following RCW 13.34.030.
(1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A petition is filed with the juvenile court with sufficient corroborating evidence to establish that the child is dependent; (b) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing insufficient time to serve a parent with a dependency petition and hold a hearing prior to removal; and (c) the allegations contained in the petition, if true, establish that there are reasonable grounds to believe that removal 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, a pattern of severe neglect, or a high-potency synthetic opioid. The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids in determining whether removal is necessary to prevent imminent physical harm to the child due to child abuse or neglect.
(2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard before the order may be entered.
(3) The petition and supporting documentation must be served on the parent, and if the child is in custody at the time the child is removed, on the entity with custody other than the parent. If the court orders that a child be taken into custody under subsection (1) of this section, the petition and supporting documentation must be served on the parent at the time of the child's removal unless, after diligent efforts, the parents cannot be located at the time of removal. If the parent is not served at the time of removal, the department shall make diligent efforts to personally serve the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.
[ 2024 c 328 s 102; 2021 c 211 s 6; 2005 c 512 s 9; 2000 c 122 s 3; 1998 c 328 s 1; 1979 c 155 s 38; 1977 ex.s. c 291 s 33. ]
NOTES:
Findings—Intent—2024 c 328: "(1) The legislature finds that since 2018 there has been a significant increase in the number of child fatalities and near fatalities involving fentanyl.
(2) The legislature finds that fentanyl and other highly potent synthetic opioids pose a unique and growing threat to the safety of children in Washington state. Fentanyl is a high-potency synthetic opioid and, according to the centers for disease control and prevention, is 50 times more potent than heroin and 100 times more potent than morphine. Even in very small quantities high-potency synthetic opioids may be lethal to a child.
(3) The legislature intends to provide clarity to judges, social workers, advocates, and families about the safety threat that high-potency synthetic opioids pose to vulnerable children. The legislature declares that the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids should be given great weight in determining whether a child is at risk of imminent physical harm due to child abuse or neglect.
(4) The legislature recognizes the challenges for recovery and rehabilitation regarding opioid use and resolves to increase services and supports. The legislature further resolves to increase training and resources for state and judicial employees to accomplish their mission and goals in a safe and effective manner.
(5) The legislature recognizes that supporting families in crisis with interventions and services, including preventative services, voluntary services, and family assessment response, minimizes child trauma from further child welfare involvement and strengthens families." [ 2024 c 328 s 1.]
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) A law enforcement officer shall take into custody a child taken in violation of RCW 9A.40.060 or 9A.40.070. The law enforcement officer shall make every reasonable effort to avoid placing additional trauma on the child by obtaining such custody at times and in a manner least disruptive to the child. The law enforcement officer shall return the child to the person or agency having the right to physical custody unless the officer has reasonable grounds to believe the child should be taken into custody under RCW 13.34.050 or 26.44.050. If there is no person or agency having the right to physical custody available to take custody of the child, the officer may place the child in shelter care as provided in RCW 13.34.060.
(2) A law enforcement officer or public employee acting reasonably and in good faith shall not be held liable in any civil action for returning the child to a person having the apparent right to physical custody.
[ 1984 c 95 s 4. ]
NOTES:
Severability—1984 c 95: See note following RCW 9A.40.060.
(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility.
(2) Unless there is reasonable cause based on specific evidence to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must complete the inquiry required under RCW 13.34.065 to establish whether continued placement with the relative is appropriate. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the department's plan or is ordered by the court. If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the department shall make continuing efforts to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody. The department shall document its effort to place the child with a relative or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.
(3) Whenever a child is taken into custody pursuant to this section, the department may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care, after informing the child's parent, guardian, or legal custodian, unless the parent, guardian, or legal custodian cannot be reached. The child's parent, guardian, or legal custodian must be provided the opportunity to attend any appointments authorized under this subsection, unless prohibited by court order.
[ 2021 c 211 s 8; 2007 c 413 s 3; 2002 c 52 s 4; 2000 c 122 s 4; 1999 c 17 s 2; 1998 c 328 s 2; 1990 c 246 s 1; 1987 c 524 s 4. Prior: 1984 c 188 s 3; 1984 c 95 s 5; 1983 c 246 s 1; 1982 c 129 s 5; 1979 c 155 s 39; 1977 ex.s. c 291 s 34. ]
NOTES:
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—1999 c 17: "The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best cared for, whenever possible and appropriate by family members with whom they have a relationship. This is particularly important when a child cannot be in the care of a parent, guardian, or legal custodian as a result of a court intervention." [ 1999 c 17 s 1.]
Severability—1990 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 246 s 11.]
Severability—1984 c 95: See note following RCW 9A.40.060.
Severability—1982 c 129: See note following RCW 9A.04.080.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1)(a) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make diligent efforts to inform the parent, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title, including the right to a shelter care hearing, as soon as possible. Notice must be provided in an understandable manner and take into consideration the parent's, guardian's, or legal custodian's primary language, level of education, and cultural issues.
(b) In no event shall the notice required by this section be provided to the parent, guardian, or legal custodian more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody.
(2)(a) The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.
(b) The written notice of custody and rights required by this section shall be in substantially the following form:
"NOTICE
Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.
A court hearing will be held before a judge within 72 hours of the time your child is taken into custody excluding Saturdays, Sundays, and holidays. You should call the court at . . . (insert appropriate phone number here) for specific information about the date, time, and location of the court hearing.
You have the right to have a lawyer represent you at the hearing. Your right to representation continues after the shelter care hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: . . . (explain local procedure).
At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
If your hearing occurs before a court commissioner, you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion for revision of the decision, as provided in RCW 2.24.050.
You should be present at any shelter care hearing. If you do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are: . . . (insert name and telephone number).
You have a right to a case conference to develop a written service agreement following the shelter care hearing. The service agreement may not conflict with the court's order of shelter care. You may request that a multidisciplinary team, family group conference, or prognostic staffing be convened for your child's case. You may participate in these processes with your counsel present.
If your child is placed in the custody of the department of children, youth, and families or other agency, immediately following the shelter care hearing, the court will enter an order granting the department or other agency the right to inspect and copy all health, medical, mental health, and education records of the child, directing health care providers to release such information without your further consent, and granting the department or agency or its designee the authority and responsibility, where applicable, to:
(1) Notify the child's school that the child is in out-of-home placement;
(2) Enroll the child in school;
(3) Request the school transfer records;
(4) Request and authorize evaluation of special needs;
(5) Attend parent or teacher conferences;
(6) Excuse absences;
(7) Grant permission for extracurricular activities;
(8) Authorize medications which need to be administered during school hours and sign for medical needs that arise during school hours; and
(9) Complete or update school emergency records.
If the court decides to place your child in the custody of the department of children, youth, and families or other agency, the department or agency will create a permanency plan for your child, including a primary placement goal and secondary placement goal. The department or agency also will recommend that the court order services for your child and for you, if needed. The department or agency is required to make reasonable efforts to provide you with services to address your parenting problems, and to provide you with visitation with your child according to court orders. Failure to promptly engage in services or to maintain contact with your child may lead to the filing of a petition to terminate your parental rights.
Primary and secondary permanency plans are intended to run at the same time so that your child will have a permanent home as quickly as possible. Absent good cause, and when appropriate, the department or other agency must follow the wishes of a natural parent regarding placement of a child. You should tell your lawyer and the court where you wish your child placed immediately, including whether you want your child placed with you, with a relative, or with another suitable person. You also should tell your lawyer and the court what services you feel are necessary and your wishes regarding visitation with your child. Even if you want another parent or person to be the primary placement choice for your child, you should tell your lawyer, the department or other agency, and the court if you want to be a secondary placement option, and you should comply with court orders for services and participate in visitation with your child. Early and consistent involvement in your child's case plan is important for the well-being of your child.
A dependency petition begins a judicial process, which, if the court finds your child dependent, could result in substantial restrictions including, the entry or modification of a parenting plan or residential schedule, previously existing nonparental custody order or decree, guardianship order, or permanent loss of your parental rights."
Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.
If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(3) If child protective services is not required to give notice under this section, the juvenile court counselor assigned to the matter shall make all diligent efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.
(4) Diligent efforts to advise and to give notice, as required in this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such diligent efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the petitioner shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or custodian; and
(b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.
[ 2021 c 211 s 7; 2020 c 312 s 115; 2018 c 58 s 71; 2009 c 477 s 2. Prior: 2007 c 413 s 4; 2007 c 409 s 5; 2004 c 147 s 2; 2001 c 332 s 2; 2000 c 122 s 5. ]
NOTES:
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Intent—2009 c 477: "The legislature finds that when children have been found dependent and placed in out-of-home care, the likelihood of reunification with their parents diminishes significantly after fifteen months. The legislature also finds that early and consistent parental engagement in services and participation in appropriate parent-child contact and visitation increases the likelihood of successful reunifications. The legislature intends to promote greater awareness among parents in dependency cases of the importance of active participation in services, visitation, and case planning for the child, and the risks created by failure to participate in their child's case over the long term." [ 2009 c 477 s 1.]
Severability—2007 c 413: See note following RCW 13.34.215.
Effective date—2007 c 409: See note following RCW 13.34.096.
Effective date—2004 c 147: See note following RCW 13.34.067.
(1)(a) When a child is removed or when the petitioner is seeking the removal of a child from the child's parent, guardian, or legal custodian, the court shall hold a shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays. The primary purpose of the shelter care hearing is to determine whether the child can be immediately and safely returned home while the adjudication of the dependency is pending. The court shall hold an additional shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays if the child is removed from the care of a parent, guardian, or legal custodian at any time after an initial shelter care hearing under this section.
(b) Any child's attorney, parent, guardian, or legal custodian who for good cause is unable to attend or adequately prepare for the shelter care hearing may request that the initial shelter care hearing be continued or that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. Upon the request of the child's attorney, parent, guardian, or legal custodian, the court shall schedule the hearing within 72 hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means. If the parent, guardian, or legal custodian is not represented by counsel, the clerk shall provide information to the parent, guardian, or legal custodian regarding how to obtain counsel.
(2)(a) If it is likely that the child will remain in shelter care longer than 72 hours, the department shall submit a recommendation to the court as to the further need for shelter care in all cases in which the child will remain in shelter care longer than the 72 hour period. In all other cases, the recommendation shall be submitted by the juvenile court probation counselor.
(b) All parties have the right to present testimony to the court regarding the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify the parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter care hearing;
(ii) The nature of the shelter care hearing, the rights of the parents, and the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by counsel, the right to be represented. If the parent, guardian, or custodian is indigent, the court shall appoint counsel as provided in RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, whether such waiver is knowing and voluntary. A parent may not waive his or her right to the shelter care hearing unless he or she appears in court, in person, or by remote means, and the court determines that the waiver is knowing and voluntary. Regardless of whether the court accepts the parental waiver of the shelter care hearing, the court must provide notice to the parents of their rights required under (a) of this subsection and make the finding required under subsection (4) of this section.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following:
(a) Whether the notice required under RCW 13.34.062 was given to all known parents, guardians, or legal custodians of the child. The court shall make an express finding as to whether the notice required under RCW 13.34.062 was given to the parent, guardian, or legal custodian. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the department to make diligent efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative. The court shall ask the parents whether the department discussed with them the placement of the child with a relative or other suitable person described in RCW 13.34.130(1)(b) and shall determine what efforts have been made toward such a placement;
(d) What services were provided to the family to prevent or eliminate the need for removal of the child from the child's home. If the dependency petition or other information before the court alleges that experiencing homelessness or the lack of suitable housing was a significant factor contributing to the removal of the child, the court shall inquire as to whether housing assistance was provided to the family to prevent or eliminate the need for removal of the child or children;
(e) Is the placement proposed by the department the least disruptive and most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain enrolled in the school, developmental program, or child care the child was in prior to placement and what efforts have been made to maintain the child in the school, program, or child care if it would be in the best interest of the child to remain in the same school, program, or child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in RCW 13.38.040, whether the provisions of the federal Indian child welfare act or chapter 13.38 RCW apply, and whether there is compliance with the federal Indian child welfare act and chapter 13.38 RCW, including notice to the child's tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or orders expelling an allegedly abusive household member from the home of a nonabusive parent, guardian, or legal custodian, will allow the child to safely remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family visitation.
(5)(a) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:
(i) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or
(B)(I) Removal of the child is necessary to prevent imminent physical harm due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, a high-potency synthetic opioid, or a pattern of severe neglect, notwithstanding an order entered pursuant to RCW 26.44.063. The evidence must show a causal relationship between the particular conditions in the home and imminent physical harm to the child. The existence of community or family poverty, isolation, single parenthood, age of the parent, crowded or inadequate housing, substance abuse, prenatal drug or alcohol exposure, mental illness, disability or special needs of the parent or child, or nonconforming social behavior does not by itself constitute imminent physical harm. The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids when determining whether removal of the child is necessary to prevent imminent physical harm due to child abuse or neglect;
(II) It is contrary to the welfare of the child to be returned home; and
(III) After considering the particular circumstances of the child, any imminent physical harm to the child outweighs the harm the child will experience as a result of removal; or
(C) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court finds that the elements of (a)(ii)(B) of this subsection require removal of the child, the court shall further consider:
(i) Whether participation by the parents, guardians, or legal custodians in any prevention services would prevent or eliminate the need for removal and, if so, shall inquire of the parent whether they are willing to participate in such services. If the parent agrees to participate in the prevention services identified by the court that would prevent or eliminate the need for removal, the court shall place the child with the parent. The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids when deciding whether to place the child with the parent. The court shall not order a parent to participate in prevention services over the objection of the parent, however, parents shall have the opportunity to consult with counsel prior to deciding whether to agree to proposed prevention services as a condition of having the child return to or remain in the care of the parent; and
(ii) Whether the issuance of a temporary order of protection directing the removal of a person or persons from the child's residence would prevent the need for removal of the child.
(c)(i) If the court does not release the child to his or her parent, guardian, or legal custodian, the court shall order placement with a relative or other suitable person as described in RCW 13.34.130(1)(b), unless the petitioner establishes that there is reasonable cause to believe that:
(A) Placement in licensed foster care 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, a high-potency synthetic opioid, or a pattern of severe neglect, because no relative or other suitable person is capable of ensuring the basic safety of the child; or
(B) The efforts to reunite the parent and child will be hindered.
(ii) In making the determination in (c)(i) of this subsection, the court shall:
(A) Inquire of the petitioner and any other person present at the hearing for the child whether there are any relatives or other suitable persons who are willing to care for the child. This inquiry must include whether any relative or other suitable person:
(I) Has expressed an interest in becoming a caregiver for the child;
(II) Is able to meet any special needs of the child;
(III) Is willing to facilitate the child's sibling and parent visitation if such visitation is ordered by the court; and
(IV) Supports reunification of the parent and child once reunification can safely occur; and
(B) Give great weight to the stated preference of the parent, guardian, or legal custodian, and the child.
(iii) If a relative or other suitable person expressed an interest in caring for the child, can meet the child's special needs, can support parent-child reunification, and will facilitate court-ordered sibling or parent visitation, the following must not prevent the child's placement with such relative or other suitable person:
(A) An incomplete department or fingerprint-based background check, if such relative or other suitable person appears otherwise suitable and competent to provide care and treatment, but the background checks must be completed as soon as possible after placement;
(B) Uncertainty on the part of the relative or other suitable person regarding potential adoption of the child;
(C) Disbelief on the part of the relative or other suitable person that the parent, guardian, or legal custodian presents a danger to the child, provided the caregiver will protect the safety of the child and comply with court orders regarding contact with a parent, guardian, or legal custodian; or
(D) The conditions of the relative or other suitable person's home are not sufficient to satisfy the requirements of a licensed foster home. The court may order the department to provide financial or other support to the relative or other suitable person necessary to ensure safe conditions in the home.
(d) If the child was not initially placed with a relative or other suitable person, and the court does not release the child to his or her parent, guardian, or legal custodian, the department shall make reasonable efforts to locate a relative or other suitable person pursuant to RCW 13.34.060(1).
(e) If the court does not order placement with a relative or other suitable person, the court shall place the child in licensed foster care and shall set forth its reasons for the order. If the court orders placement of the child with a person not related to the child and not licensed to provide foster care, the placement is subject to all terms and conditions of this section that apply to relative placements.
(f) Any placement with a relative, or other suitable person approved by the court pursuant to this section, shall be contingent upon cooperation with the department's or agency's case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order is grounds for removal of the child from the home of the relative or other suitable person, subject to review by the court.
(g) If the child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within 60 days of placement, hold a hearing to:
(i) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
(ii) Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
(iii) Approve or disapprove the child's placement in the qualified residential treatment program.
(h) Uncertainty by a parent, guardian, legal custodian, relative, or other suitable person that the alleged abuser has in fact abused the child shall not, alone, be the basis upon which a child is removed from the care of a parent, guardian, or legal custodian under (a) of this subsection, nor shall it be a basis, alone, to preclude placement with a relative or other suitable person under (c) of this subsection.
(i) If the court places with a relative or other suitable person, and that person has indicated a desire to become a licensed foster parent, the court shall order the department to commence an assessment of the home of such relative or other suitable person within 10 days and thereafter issue an initial license as provided under RCW 74.15.120 for such relative or other suitable person, if qualified, as a foster parent. The relative or other suitable person shall receive a foster care maintenance payment, starting on the date the department approves the initial license. If such home is found to be unqualified for licensure, the department shall report such fact to the court within one week of that determination. The department shall report on the status of the licensure process during the entry of any dispositional orders in the case.
(j) If the court places the child in licensed foster care:
(i) The petitioner shall report to the court, at the shelter care hearing, the location of the licensed foster placement the petitioner has identified for the child and the court shall inquire as to whether:
(A) The identified placement is the least restrictive placement necessary to meet the needs of the child;
(B) The child will be able to remain in the same school and whether any orders of the court are necessary to ensure educational stability for the child;
(C) The child will be placed with a sibling or siblings, and whether court-ordered sibling contact would promote the well-being of the child;
(D) The licensed foster placement is able to meet the special needs of the child;
(E) The location of the proposed foster placement will impede visitation with the child's parent or parents;
(ii) The court may order the department to:
(A) Place the child in a less restrictive placement;
(B) Place the child in a location in closer proximity to the child's parent, home, or school;
(C) Place the child with the child's sibling or siblings;
(D) Take any other necessary steps to ensure the child's health, safety, and well-being;
(iii) The court shall advise the petitioner that:
(A) Failure to comply with court orders while a child is in shelter care will be considered when determining whether reasonable efforts have been made by the department during a hearing under RCW 13.34.110; and
(B) Placement moves while a child is in shelter care will be considered when determining whether reasonable efforts have been made by the department during a hearing under RCW 13.34.110.
(6)(a) A shelter care order issued pursuant to this section shall include the requirement for a case conference as provided in RCW 13.34.067. However, if the parent is not present at the shelter care hearing, or does not agree to the case conference, the court shall not include the requirement for the case conference in the shelter care order.
(b) If the court orders a case conference, the shelter care order shall include notice to all parties and establish the date, time, and location of the case conference which shall be no later than 30 days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or hearing as an alternative to the case conference required under RCW 13.34.067 so long as the conference, case staffing, or hearing ordered by the court meets all requirements under RCW 13.34.067, including the requirement of a written agreement specifying the services to be provided to the parent.
(7)(a)(i) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.
(ii) If the court previously ordered that visitation between a parent and child be supervised or monitored, there shall be a presumption that such supervision or monitoring will no longer be necessary following a continued shelter care order under (a)(i) of this subsection. To overcome this presumption, a party must provide a report to the court including evidence establishing that removing visit supervision or monitoring would create a risk to the child's safety, and the court shall make a determination as to whether visit supervision or monitoring must continue.
(b)(i) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.
(ii) The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent, guardian, or legal custodian and give weight to that fact before ordering return of the child to shelter care.
(8) The department and its employees shall not be held liable in any civil action for complying with an order issued under this section for placement: With a parent who has agreed to accept services, a relative, or a suitable person.
(9)(a) If a child is placed out of the home of a parent, guardian, or legal custodian following a shelter care hearing, the court shall order the petitioner to provide regular visitation with the parent, guardian, or legal custodian, and siblings. Early, consistent, and frequent visitation is crucial for maintaining parent-child relationships and allowing family reunification. The court shall order a visitation plan individualized to the needs of the family with a goal of providing the maximum parent, child, and sibling contact possible.
(b) Visitation under this subsection shall not be limited as a sanction for a parent's failure to comply with recommended services during shelter care.
(c) Visitation under this subsection may only be limited where necessary to ensure the health, safety, or welfare of the child.
(d) The first visit must take place within 72 hours of the child being delivered into the custody of the department, unless the court finds that extraordinary circumstances require delay.
(e) If the first visit under (d) of this subsection occurs in an in-person format, this first visit must be supervised unless the department determines that visit supervision is not necessary.
[ 2024 c 328 s 103. Prior: 2021 c 211 s 9; 2021 c 208 s 1; 2021 c 67 s 4; 2019 c 172 s 11; 2018 c 284 s 4; 2013 c 162 s 6; 2011 c 309 s 24; prior: 2009 c 520 s 22; 2009 c 491 s 1; 2009 c 477 s 3; 2009 c 397 s 2; 2008 c 267 s 2; 2007 c 413 s 5; 2001 c 332 s 3; 2000 c 122 s 7. ]
NOTES:
Findings—Intent—2024 c 328: See note following RCW 13.34.050.
Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
Findings—Rules—2013 c 162: See notes following RCW 74.13.700.
Findings—Intent—2009 c 477: See note following RCW 13.34.062.
Severability—2007 c 413: See note following RCW 13.34.215.
(1)(a) Following shelter care and no later than thirty days prior to fact-finding, the department shall convene a case conference as required in the shelter care order to develop and specify in a written service agreement the expectations of both the department and the parent regarding voluntary services for the parent.
(b) The case conference shall include the parent, counsel for the parent, caseworker, counsel for the state, guardian ad litem, counsel for the child, and any other person agreed upon by the parties. Once the shelter care order is entered, the department is not required to provide additional notice of the case conference to any participants in the case conference.
(c) The written service agreement expectations must correlate with the court's findings at the shelter care hearing. The written service agreement must set forth specific services to be provided to the parent.
(d) The case conference agreement must be agreed to and signed by the parties. The court shall not consider the content of the discussions at the case conference at the time of the fact-finding hearing for the purposes of establishing that the child is a dependent child, and the court shall not consider any documents or written materials presented at the case conference but not incorporated into the case conference agreement, unless the documents or written materials were prepared for purposes other than or as a result of the case conference and are otherwise admissible under the rules of evidence.
(2) At any other stage in a dependency proceeding, the department, upon the parent's request, shall convene a case conference.
(3) If a case conference is convened pursuant to subsection (1) or (2) of this section and the parent is unable to participate in person due to incarceration, the parent must have the option to participate through the use of a teleconference or videoconference.
[ 2018 c 284 s 5; 2013 c 173 s 1; 2009 c 520 s 23; 2004 c 147 s 1; 2001 c 332 s 1. ]
NOTES:
Effective date—2004 c 147: "This act takes effect July 1, 2004." [ 2004 c 147 s 5.]
If a child is placed in the custody of the department of children, youth, and families or other *supervising agency, immediately following the shelter care hearing, an order and authorization regarding health care and education records for the child shall be entered. The order shall:
(1) Provide the department or other *supervising agency with the right to inspect and copy all health, medical, mental health, and education records of the child;
(2) Authorize and direct any agency, hospital, doctor, nurse, dentist, orthodontist, or other health care provider, therapist, drug or alcohol treatment provider, psychologist, psychiatrist, or mental health clinic, or health or medical records custodian or document management company, or school or school organization to permit the department or other *supervising agency to inspect and to obtain copies of any records relating to the child involved in the case, without the further consent of the parent or guardian of the child;
(3) Identify the person who will serve as the educational liaison; and
(4) Grant the department or other *supervising agency or its designee the authority and responsibility, where applicable, to:
(a) Notify the child's school that the child is in out-of-home placement;
(b) Enroll the child in school;
(c) Request the school transfer records;
(d) Request and authorize evaluation of special needs;
(e) Attend parent or teacher conferences;
(f) Excuse absences;
(g) Grant permission for extracurricular activities;
(h) Authorize medications which need to be administered during school hours and sign for medical needs that arise during school hours; and
(i) Complete or update school emergency records.
Access to records under this section is subject to the child's consent where required by other state and federal laws.
[ 2018 c 58 s 72; 2013 c 182 s 4; 2007 c 409 s 2. ]
NOTES:
*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 s 3.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—2013 c 182: See note following RCW 13.34.030.
Effective date—2007 c 409: See note following RCW 13.34.096.
(1) Upon the filing of the petition, the petitioner shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. When the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.
(4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.
(5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him or her to the place of shelter designated by the court.
(7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he or she may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.
(9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department employee.
(10) Whenever the court or the petitioning party in a proceeding under this chapter knows or has reason to know that an Indian child as defined in RCW 13.38.040 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 comply with RCW 13.38.070.
[ 2016 c 93 s 7; 2011 c 309 s 25; 2004 c 64 s 4; 2000 c 122 s 8; 1993 c 358 s 1; 1990 c 246 s 2; 1988 c 194 s 2; 1983 c 311 s 3; 1983 c 3 s 16; 1979 c 155 s 40; 1977 ex.s. c 291 s 35; 1913 c 160 s 6; RRS s 1987-6. Formerly RCW 13.04.070.]
NOTES:
Severability—1990 c 246: See note following RCW 13.34.060.
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.080
Summons when petition filed—Publication of notice.
(1) The court shall direct the petitioner to publish notice in a legal newspaper, as described under RCW 65.16.020, once a week for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the hearing when it appears by the petition or verified statement that:
(a)(i) The parent or guardian is a nonresident of this state; or
(ii) The name or place of residence or whereabouts of the parent or guardian is unknown; and
(b) After due diligence, the person attempting service of the summons or notice provided for in RCW 13.34.070 has been unable to make service, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his or her last known place of residence. If the parent, guardian, or legal custodian is believed to be a resident of another state or a county other than the county in which the petition has been filed, notice also shall be published in the county in which the parent, guardian, or legal custodian is believed to reside.
(2) Publication may proceed simultaneously with efforts to provide service in person or by mail, when the court determines there is reason to believe that service in person or by mail will not be successful. Notice shall be directed to the parent, parents, or other person claiming the right to the custody of the child, if their names are known. If their names are unknown, the phrase "To whom it may concern" shall be used, apply to, and be binding upon, those persons whose names are unknown. The name of the court, the name of the child (or children if of one family), the date of the filing of the petition, the date of hearing, and the object of the proceeding in general terms shall be set forth. There shall be filed with the clerk an affidavit showing due publication of the notice.
(3)(a) Except as provided in (b) of this subsection, the cost of publication shall be paid by the petitioner at a rate not greater than the rate paid for other legal notices.
(b) If the petitioner is a minor child or the court finds that the petitioner is an indigent parent or legal guardian, the cost of publication shall be paid or reimbursed by the office of civil legal aid where the petitioner is a minor child, or the office of public defense where the petitioner is a parent or legal guardian, pursuant to procedures set by each agency.
(4) The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated as provided in this section.
[ 2024 c 312 s 1; 2000 c 122 s 9; 1990 c 246 s 3; 1988 c 201 s 1; 1979 c 155 s 41; 1977 ex.s. c 291 s 36; 1961 c 302 s 4; 1913 c 160 s 7; RRS s 1987-7. Formerly RCW 13.04.080.]
NOTES:
Effective date—2024 c 312: "This act takes effect January 31, 2026." [ 2024 c 312 s 3.]
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.090
Rights under chapter proceedings.
(1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact finder.
(2) At all stages of a proceeding in which a child is alleged to be dependent, the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency.
(3) At all stages of a proceeding in which a child is alleged to be dependent, the child has the right to be represented by counsel. Counsel shall be provided at public expense subject to the phase-in schedule as provided in RCW 13.34.212.
(4) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.
(5) Copies of department records to which the child and the child's parents have legal access pursuant to chapter 13.50 RCW shall be given to the child or child's counsel, and the parents, guardian, legal custodian, or his or her legal counsel, prior to any shelter care hearing and within 15 days after the department receives a written request for such records from the child or child's counsel, and the parents, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel a reasonable period of time prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the child or child's counsel, and the parents, guardian, legal custodian, or his or her counsel. When the records are served on legal counsel, legal counsel shall have the opportunity to review the records with the client and shall review the records with the client prior to the shelter care hearing. The department shall make every effort to provide all other discoverable material to the child's parent, guardian, legal custodian, or his or her legal counsel prior to any shelter care hearing.
[ 2021 c 211 s 10; 2021 c 210 s 2; 2017 3rd sp.s. c 6 s 303; 2000 c 122 s 10. Prior: 1998 c 328 s 3; 1998 c 141 s 1; 1990 c 246 s 4; 1979 c 155 s 42; 1977 ex.s. c 291 s 37.]
NOTES:
Reviser's note: This section was amended by 2021 c 210 s 2 and by 2021 c 211 s 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Short title—Finding—Intent—2021 c 211: See note following RCW 13.34.040.
Findings—Intent—2021 c 210: "(1) The legislature recognizes that dependency proceedings determine many critical aspects of a child's future, including whether the child may remain at home with their family, whether and how often the child sees their parents and siblings if they do not remain with their family, where the child attends school, and how long the child remains in state care. Children and youth, regardless of age, have many legal rights at stake in these proceedings, including a right to maintain family relationships, a right to freedom from harm, and a right to reasonable safety. Standards-based representation by a well-qualified attorney can be invaluable in protecting and advancing the child's legal rights and, where articulable, stated interests. Attorneys can advise and assist children and youth in presenting their experiences and position to the court, improving the court's comprehensive decision making.
(2) The legislature further recognizes that appointing attorneys to provide standards-based legal representation for children and youth in dependency proceedings has been shown to result in more timely permanency for children and youth, increased school and placement stability, and increased contact with parents and siblings.
(3) The legislature finds that the current system for child legal representation is inadequate and has resulted in a patchwork system that varies by county leading to many children and youth not having equal access to the court process. This is particularly true when significant events, such as the COVID-19 pandemic, result in sudden changes to court rules and procedures.
(4) The legislature further finds that black and indigenous children and youth and other youth of color are much more likely to be removed from their parents' care, placed into foster care, and remain in the child welfare system longer than white children. Systemic racism contributes to this overrepresentation and to the lack of meaningful access to the court process for children and their families. It is the intent of the legislature to ensure that any expansion of legal representation actively combat this disproportionality." [ 2021 c 210 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 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.
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Notice of rights: RCW 26.44.105.
PDFRCW 13.34.092
Rights under chapter proceedings—Appointment of counsel—Notice.
At the commencement of the shelter care hearing the court shall advise the parties of basic rights as provided in RCW 13.34.090 and appoint counsel to the child's parent, guardian, or legal custodian pursuant to RCW 13.34.090 if the parent, guardian, or legal custodian is indigent unless counsel has been retained by the parent, guardian, or legal custodian or the court finds that the right to counsel has been expressly and voluntarily waived in court.
[ 2021 c 210 s 3; 2000 c 122 s 6.]
NOTES:
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
PDFRCW 13.34.094
Description of services provided to parents.
The department shall, within existing resources, provide to parents requesting or participating in a multidisciplinary team, family group conference, case conference, or prognostic staffing information that describes these processes prior to the processes being undertaken.
[ 2018 c 284 s 6; 2009 c 520 s 24; 2004 c 147 s 3; 2001 c 332 s 6.]
NOTES:
Effective date—2004 c 147: See note following RCW 13.34.067.
PDFRCW 13.34.096
Right to be heard—Notice.
(1) The department shall provide the child's foster parents, preadoptive parents, or other caregivers with timely and adequate notice of their right to be heard prior to each proceeding held with respect to the child in juvenile court under this chapter. For purposes of this section, "timely and adequate notice" means notice at the time the department would be required to give notice to parties to the case and by any means reasonably certain of notifying the foster parents, preadoptive parents, or other caregivers, including but not limited to written, telephone, or in person oral notification. For emergency hearings, the department shall give notice to foster parents, preadoptive parents, or other caregivers as soon as is practicable. For six-month review and annual permanency hearings, the department shall give notice to foster parents upon placement or as soon as practicable.
(2) The court shall establish and include in the court record after every hearing for which the department is required to provide notice to the child's foster parents, preadoptive parents, and caregivers whether the department provided adequate and timely notice, whether a caregiver's report was received by the court, and whether the court provided the child's foster parents, preadoptive parents, or caregivers with an opportunity to be heard in court. For purposes of this section, "caregiver's report" means a form provided by the department to a child's foster parents, preadoptive parents, or caregivers that provides an opportunity for those individuals to share information about the child with the court before a court hearing. A caregiver's report shall not include information related to a child's biological parent that is not directly related to the child's well-being.
(3) Absent exigent circumstances, the department shall provide the child's foster family home notice of expected placement changes as required by RCW 74.13.300.
(4) The rights to notice and to be heard apply only to persons with whom a child has been placed by the department or agency and who are providing care to the child at the time of the proceeding. This section shall not be construed to grant party status to any person solely on the basis of such notice and right to be heard.
[ 2018 c 284 s 8; (2018 c 284 s 7 expired July 1, 2018); 2017 3rd sp.s. c 6 s 304; 2016 c 180 s 1; 2009 c 520 s 25; 2007 c 409 s 1.]
NOTES:
Effective date—2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67: See note following RCW 13.34.030.
Expiration date—2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66: See note following RCW 13.34.030.
Effective date—2017 3rd sp.s. c 6 ss 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—2007 c 409: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 409 s 8.]
PDFRCW 13.34.100
Appointment of guardian ad litem—Background information—Rights—Notification and inquiry—Review and removal.
(1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by an independent attorney in the proceedings. The court shall attempt to match a child with special needs with a guardian ad litem who has specific training or education related to the child's individual needs.
(2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.
(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background information record shall include, but is not limited to, the following information:
(a) Level of formal education;
(b) General training related to the guardian ad litem's duties;
(c) Specific training related to issues potentially faced by children in the dependency system;
(d) Specific training or education related to child disability or developmental issues;
(e) Number of years' experience as a guardian ad litem;
(f) Number of appointments as a guardian ad litem and the county or counties of appointment;
(g) The names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause;
(h) Founded allegations of abuse or neglect as defined in RCW 26.44.020;
(i) The results of an examination of state and national criminal identification data. The examination shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation. The background check shall be done through the Washington state patrol criminal identification section and must include a national check from the federal bureau of investigation based on the submission of fingerprints; and
(j) Criminal history, as defined in RCW 9.94A.030, for the period covering 10 years prior to the appointment.
The background information record shall be updated annually and fingerprint-based background checks shall be updated every three years. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program a suitable person appointed by the court to act as guardian ad litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a copy of the background information record. The portion of the background information record containing the results of the criminal background check and the criminal history shall not be disclosed to the parties or their attorneys. The background information record shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
(4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.
(5) A guardian ad litem through an attorney, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.
(6) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to this section shall be deemed a guardian ad litem.
(7) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends. The program shall attempt to match a child with special needs with a guardian ad litem who has specific training or education related to the child's individual needs. The court shall immediately appoint the person recommended by the program.
(8) If a party in a case reasonably believes the court-appointed special advocate or volunteer guardian ad litem is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate or volunteer guardian ad litem on the grounds the advocate or volunteer is inappropriate or unqualified.
(9) The court shall remove any person from serving as a court-appointed special advocate or volunteer guardian ad litem if the court is notified that the person has been removed from another county's registry pursuant to the disposition of a grievance or if the court is otherwise made aware that the individual was found by a court to have made a materially false statement that he or she knows to be false during an official proceeding under oath.
[ 2021 c 210 s 4; 2019 c 57 s 1; 2017 c 99 s 2; 2014 c 108 s 2; 2010 c 180 s 2; 2009 c 480 s 2; 2000 c 124 s 2; 1996 c 249 s 13; 1994 c 110 s 2; 1993 c 241 s 2; 1988 c 232 s 1; 1979 c 155 s 43; 1977 ex.s. c 291 s 38.]
NOTES:
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
Finding—Intent—2017 c 99: "The legislature finds that the integrity of court-appointed special advocates and volunteer guardians ad litem is necessary to protect the best interest of children in child welfare proceedings.
Although courts must be notified regarding the removal of a guardian ad litem from a county's registry pursuant to a grievance, there is no requirement that a county must act on that information. For that reason, the legislature intends to require counties to remove child welfare volunteer guardians ad litem from their registries when counties are notified that the person has been removed from another county's registry pursuant to the disposition of a grievance or if the court is otherwise made aware that a guardian ad litem has been found by a court to have made a materially false statement that he or she knows to be false during an official proceeding under oath." [ 2017 c 99 s 1.]
Finding—Construction—2014 c 108: "(1) The legislature recognizes that some children may remain in foster care following the termination of the parent and child relationship. These children have legal rights and no longer have a parent to advocate on their behalf, and no other party represents their legal interests. The legislature finds that providing attorneys for children following the termination of the parent and child relationship is fundamental to protecting the child's legal rights and to accelerate permanency.
(2) Although the legislature recognizes that many jurisdictions provide attorneys to children prior to termination of the parent and child relationship, nothing in this act may be construed against the parent's fundamental liberty interest in parenting the child prior to termination of the parent and child relationship as stated in In re Dependency of K.N.J., 171 Wn.2d 568, 574 (2011) and In re Welfare of Luscier, 84 Wn.2d 135, 136-37 (1974), unless such a position would jeopardize the child's right to conditions of basic nurture, health, or safety." [ 2014 c 108 s 1.]
Effective date—2014 c 108: "This act takes effect July 1, 2014." [ 2014 c 108 s 4.]
Findings—2010 c 180: "(1) The legislature recognizes that inconsistent practices in and among counties in Washington have resulted in few children being notified of their right to request legal counsel in their dependency and termination proceedings under RCW 13.34.100.
(2) The legislature recognizes that when children are provided attorneys in their dependency and termination proceedings, it is imperative to provide them with well-trained advocates so that their legal rights around health, safety, and well-being are protected. Attorneys, who have different skills and obligations than guardians ad litem and court-appointed special advocates, especially in forming a confidential and privileged relationship with a child, should be trained in meaningful and effective child advocacy, the child welfare system and services available to a child client, child and adolescent brain development, child and adolescent mental health, and the distinct legal rights of dependent youth, among other things. Well-trained attorneys can provide legal counsel to a child on issues such as placement options, visitation rights, educational rights, access to services while in care and services available to a child upon aging out of care. Well-trained attorneys for a child can:
(a) Ensure the child's voice is considered in judicial proceedings;
(b) Engage the child in his or her legal proceedings;
(c) Explain to the child his or her legal rights;
(d) Assist the child, through the attorney's counseling role, to consider the consequences of different decisions; and
(e) Encourage accountability, when appropriate, among the different systems that provide services to children." [ 2010 c 180 s 1.]
Grievance rules—2000 c 124: "Each superior court shall adopt rules establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13, and 26 RCW." [ 2000 c 124 s 16.]
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.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.102
Guardian ad litem—Training—Registry—Selection—Substitution—Exception.
(1) All guardians ad litem must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer guardians ad litem or court-appointed special advocates may comply with alternative training requirements approved by the administrative office of the courts that meet or exceed the statewide requirements.
(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.
(d) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.
(3) The rotational registry system shall not apply to court-appointed special advocate programs.
[ 2005 c 282 s 26; 2000 c 124 s 3; 1997 c 41 s 6; 1996 c 249 s 17.]
NOTES:
Intent—1996 c 249: See note following RCW 2.56.030.
PDFRCW 13.34.105
Guardian ad litem—Duties—Immunity—Access to information.
(1) Unless otherwise directed by the court, the duties of the guardian ad litem for a child subject to a proceeding under this chapter, including an attorney specifically appointed by the court to serve as a guardian ad litem, include but are not limited to the following:
(a) To investigate, collect relevant information about the child's situation, and report to the court factual information regarding the best interests of the child;
(b) To meet with, interview, or observe the child, depending on the child's age and developmental status, and report to the court any views or positions expressed by the child on issues pending before the court;
(c) To monitor all court orders for compliance and to bring to the court's attention any change in circumstances that may require a modification of the court's order;
(d) To report to the court information on the legal status of a child's membership in any Indian tribe or band;
(e) Court-appointed special advocates and guardians ad litem may make recommendations based upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in conjunction with the recommendations of all of the parties;
(f) To represent and be an advocate for the best interests of the child;
(g) To inform the child, if the child is twelve years old or older, of his or her right to request counsel and to ask the child whether he or she wishes to have counsel, pursuant to *RCW 13.34.100(6). The guardian ad litem shall report to the court that the child was notified of this right and indicate the child's position regarding appointment of counsel. The guardian ad litem shall report to the court his or her independent recommendation as to whether appointment of counsel is in the best interest of the child; and
(h) In the case of an Indian child as defined in RCW 13.38.040, know, understand, and advocate the best interests of the Indian child.
(2) A guardian ad litem shall be deemed an officer of the court for the purpose of immunity from civil liability.
(3) Except for information or records specified in RCW 13.50.100(7), the guardian ad litem shall have access to all information available to the state or agency on the case. Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the guardian ad litem to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.
(4) A guardian ad litem may release confidential information, records, and reports to the office of the family and children's ombuds for the purposes of carrying out its duties under chapter 43.06A RCW.
(5) The guardian ad litem shall release case information in accordance with the provisions of RCW 13.50.100.
[ 2013 c 23 s 5; 2011 c 309 s 26; 2010 c 180 s 3; 2008 c 267 s 13; 2000 c 124 s 4; 1999 c 390 s 2; 1993 c 241 s 3.]
NOTES:
*Reviser's note: RCW 13.34.100 was amended by 2014 c 108 s 2, changing subsection (6) to subsection (7)(c) through (g). RCW 13.34.100 was subsequently amended by 2021 c 210 s 4, deleting subsection (7)(c) through (g).
Findings—2010 c 180: See note following RCW 13.34.100.
Conflict with federal requirements—1993 c 241: See note following RCW 13.34.030.
PDFRCW 13.34.107
Guardian ad litem—Ex parte communications—Removal.
A guardian ad litem or court-appointed special advocate shall not engage in ex parte communications with any judicial officer involved in the matter for which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte motions. Ex parte motions shall be heard in open court on the record. The record may be preserved in a manner deemed appropriate by the county where the matter is heard. The court, upon its own motion, or upon the motion of a party, may consider the removal of any guardian ad litem or court-appointed special advocate who violates this section from any pending case or from any court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending case.
[ 2000 c 124 s 11.]
PDFRCW 13.34.108
Guardian ad litem—Fees.
The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule.
[ 2000 c 124 s 14.]
PDFRCW 13.34.110
Hearings—Fact-finding and disposition—Time and place, notice.
(1) The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor. The rules of evidence shall apply at the fact-finding hearing and the parent, guardian, or legal custodian of the child shall have all of the rights provided in RCW 13.34.090(1). The petitioner shall have the burden of establishing by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030.
(2) The court in a fact-finding hearing may consider the history of past involvement of child protective services or law enforcement agencies with the family for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of the child on the part of the child's parent, guardian, or legal custodian, or for the purpose of establishing that reasonable efforts have been made by the department to prevent or eliminate the need for removal of the child from the child's home. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031 may be used for such purposes.
(3)(a) The parent, guardian, or legal custodian of the child may waive his or her right to a fact-finding hearing by stipulating or agreeing to the entry of an order of dependency establishing that the child is dependent within the meaning of RCW 13.34.030. The parent, guardian, or legal custodian may also stipulate or agree to an order of disposition pursuant to RCW 13.34.130 at the same time. Any stipulated or agreed order of dependency or disposition must be signed by the parent, guardian, or legal custodian and his or her attorney, unless the parent, guardian, or legal custodian has waived his or her right to an attorney in open court, and by the petitioner and the attorney, guardian ad litem, or court-appointed special advocate for the child, if any. If the department is not the petitioner and is required by the order to supervise the placement of the child or provide services to any party, the department must also agree to and sign the order.
(b) Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The court shall receive and review a social study before entering a stipulated or agreed order and shall consider whether the order is consistent with the allegations of the dependency petition and the problems that necessitated the child's placement in out-of-home care. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.
(c) Prior to the entry of any stipulated or agreed order of dependency, the parent, guardian, or legal custodian of the child and his or her attorney must appear before the court and the court within available resources must inquire and establish on the record that:
(i) The parent, guardian, or legal custodian understands the terms of the order or orders he or she has signed, including his or her responsibility to participate in remedial services as provided in any disposition order;
(ii) The parent, guardian, or legal custodian understands that entry of the order starts a process that could result in the filing of a petition to terminate his or her relationship with the child within the time frames required by state and federal law if he or she fails to comply with the terms of the dependency or disposition orders or fails to substantially remedy the problems that necessitated the child's placement in out-of-home care;
(iii) The parent, guardian, or legal custodian understands that the entry of the stipulated or agreed order of dependency is an admission that the child is dependent within the meaning of RCW 13.34.030 and shall have the same legal effect as a finding by the court that the child is dependent by at least a preponderance of the evidence, and that the parent, guardian, or legal custodian shall not have the right in any subsequent proceeding for termination of parental rights pursuant to this chapter or guardianship pursuant to chapters [chapter] 13.36 or 11.130 RCW to challenge or dispute the fact that the child was found to be dependent; and
(iv) The parent, guardian, or legal custodian knowingly and willingly stipulated and agreed to and signed the order or orders, without duress, and without misrepresentation or fraud by any other party.
If a parent, guardian, or legal custodian fails to appear before the court after stipulating or agreeing to entry of an order of dependency, the court may enter the order upon a finding that the parent, guardian, or legal custodian had actual notice of the right to appear before the court and chose not to do so. The court may require other parties to the order, including the attorney for the parent, guardian, or legal custodian, to appear and advise the court of the parent's, guardian's, or legal custodian's notice of the right to appear and understanding of the factors specified in this subsection. A parent, guardian, or legal custodian may choose to waive his or her presence at the in-court hearing for entry of the stipulated or agreed order of dependency by submitting to the court through counsel a completed stipulated or agreed dependency fact-finding/disposition statement in a form determined by the Washington state supreme court pursuant to General Rule GR 9.
(4) Immediately after the entry of the findings of fact, the court shall hold a disposition hearing, unless there is good cause for continuing the matter for up to fourteen days. If good cause is shown, the case may be continued for longer than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by certified mail of the time and place of any continued hearing. Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who: (a) Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (b) are known to the department as having been in contact with the family or child within the past twelve months; and (c) would be an appropriate placement for the child. Reasonable cause to dispense with notification to a parent under this section must be proved by clear, cogent, and convincing evidence.
The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement.
[ 2020 c 312 s 116; 2017 3rd sp.s. c 6 s 305; 2007 c 220 s 9; 2001 c 332 s 7; 2000 c 122 s 11. Prior: 1995 c 313 s 1; 1995 c 311 s 27; 1993 c 412 s 7; 1991 c 340 s 3; 1983 c 311 s 4; 1979 c 155 s 44; 1977 ex.s. c 291 s 39; 1961 c 302 s 5; prior: 1913 c 160 s 10, part; RCW 13.04.090, part. Formerly RCW 13.04.091.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2017 3rd sp.s. c 6 ss 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.
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.115
Hearings—Public excluded when in the best interests of the child—Notes and records—Video recordings.
(1) All hearings shall be public, and conducted at any time or place within the limits of the county, except if the judge finds that excluding the public is in the best interests of the child.
(2) Either parent, or the child's attorney or guardian ad litem, may move to close a hearing at any time. If the judge finds that it is in the best interests of the child the court shall exclude the public.
(3) If the public is excluded from the hearing, the following people may attend the closed hearing unless the judge finds it is not in the best interests of the child:
(a) The child's relatives;
(b) The child's foster parents if the child resides in foster care; and
(c) Any person requested by the parent.
(4) Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.
(5) Any video recording of the proceedings may be released pursuant to RCW 13.50.100, however, the video recording may not be televised, broadcast, or further disseminated to the public.
[ 2003 c 228 s 1; 2000 c 122 s 12.]
PDFRCW 13.34.120
Social study and reports made available at disposition hearing—Contents—Notice to parents.
(1) To aid the court in its decision on disposition, a social study shall be made by the person or agency filing the petition. A parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in conjunction with the social study. The study shall include all social files and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the local office closest to the parents' residence. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.
(2)(a) The guardian ad litem or court-appointed special advocate shall file his or her report with the court and with the parties pursuant to court rule prior to a hearing for which a report is required. The report shall include a written list of persons interviewed and reports or documentation considered. If the report makes particular recommendations, the report shall include specific information on which the guardian ad litem or court-appointed special advocate relied in making each particular recommendation.
(b) The parties to the proceeding may file written responses to the guardian ad litem's or court-appointed special advocate's report with the court and deliver such responses to the other parties at a reasonable time or pursuant to court rule before the hearing. The court shall consider any written responses to the guardian ad litem's or court-appointed special advocate's report, including any factual information or recommendations provided in the report.
[ 2000 c 124 s 5; 2000 c 122 s 13; 1998 c 328 s 4; 1996 c 249 s 14; 1994 c 288 s 2; 1993 c 412 s 8; 1987 c 524 s 5; 1979 c 155 s 45; 1977 ex.s. c 291 s 40.]
NOTES:
Reviser's note: This section was amended by 2000 c 122 s 13 and by 2000 c 124 s 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—1996 c 249: See note following RCW 2.56.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.125
Voluntary adoption plan—Consideration of preferences for proposed placement.
In those cases where an alleged father, birth parent, or parent has indicated his or her intention to make a voluntary adoption plan for the child and has agreed to the termination of his or her parental rights, the department shall follow the wishes of the alleged father, birth parent, or parent regarding the proposed adoptive placement of the child, if the court determines that the adoption is in the best interest of the child, and the prospective adoptive parents chosen by the alleged father, birth parent, or parent are properly qualified to adopt in compliance with the standards in this chapter and chapter 26.33 RCW. If the department has filed a termination petition, an alleged father's, birth parent's, or parent's preferences regarding the proposed adoptive placement of the child shall be given consideration.
[ 2018 c 284 s 9; 2009 c 520 s 26; 1999 c 173 s 2.]
NOTES:
Severability—1999 c 173: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 173 s 4.]
PDFRCW 13.34.130
Order of disposition for a dependent child, alternatives—Petition seeking termination of parent-child relationship—Placement with relatives, foster family home, group care facility, qualified residential treatment program, or other suitable persons—Placement of an Indian child in out-of-home care—Contact with siblings.
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition that maintains the child in his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court should choose services to assist the parents in maintaining the child in the home, including housing assistance, if appropriate, that least interfere with family autonomy and are adequate to protect the child.
(b)(i) Order the child to be removed from his or her home and into the custody, control, and care of a relative or other suitable person, the department, or agency responsible for supervision of the child's placement. If the court orders that the child be placed with a caregiver over the objections of the parent or the department, the court shall articulate, on the record, his or her reasons for ordering the placement. The court may not order an Indian child, as defined in RCW 13.38.040, to be removed from his or her home unless the court finds, by clear and convincing evidence including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(ii) The department has the authority to place the child, subject to review and approval by the court (A) with a relative as defined in RCW 74.15.020(2)(a), (B) in the home of another suitable person if the child or family has a preexisting relationship with that person, and the person has completed all required criminal history background checks and otherwise appears to the department to be suitable and competent to provide care for the child, or (C) in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW.
(iii) The department may also consider placing the child, subject to review and approval by the court, with a person with whom the child's sibling or half-sibling is residing or a person who has adopted the sibling or half-sibling of the child being placed as long as the person has completed all required criminal history background checks and otherwise appears to the department to be competent to provide care for the child.
(2) Absent good cause, the department shall follow the wishes of the natural parent regarding the placement of the child in accordance with RCW 13.34.260.
(3) The department may only place a child with a person not related to the child as defined in RCW 74.15.020(2)(a), including a placement provided for in subsection (1)(b)(iii) of this section, when the court finds that such placement is in the best interest of the child. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, the child shall be placed with a person who is willing, appropriate, and available to care for the child, and who is: (I) Related to the child as defined in RCW 74.15.020(2)(a) with whom the child has a relationship and is comfortable; or (II) a suitable person as described in subsection (1)(b) of this section. The court shall consider the child's existing relationships and attachments when determining placement.
(4) If the child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within sixty days of placement, hold a hearing to:
(a) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
(b) Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
(c) Approve or disapprove the child's placement in the qualified residential treatment program.
(5) When placing an Indian child in out-of-home care, the department shall follow the placement preference characteristics in RCW 13.38.180.
(6) Placement of the child with a relative or other suitable person as described in subsection (1)(b) of this section shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services, including housing assistance, that have been provided to the child and the child's parent, guardian, or legal custodian, and that prevention services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:
(a) There is no parent or guardian available to care for such child;
(b) The parent, guardian, or legal custodian is not willing to take custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger. The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids, including fentanyl, when deciding whether a manifest danger exists.
(7) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court shall consider whether it is in a child's best interest to be placed with, have contact with, or have visits with siblings.
(a) There shall be a presumption that such placement, contact, or visits are in the best interests of the child provided that:
(i) The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of placement, contact, or visitation would be jeopardized or that efforts to reunite the parent and child would be hindered by such placement, contact, or visitation. In no event shall parental visitation time be reduced in order to provide sibling visitation.
(b) The court may also order placement, contact, or visitation of a child with a stepbrother or stepsister provided that in addition to the factors in (a) of this subsection, the child has a relationship and is comfortable with the stepsibling.
(8) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section and placed into nonparental or nonrelative care, the court shall order a placement that allows the child to remain in the same school he or she attended prior to the initiation of the dependency proceeding when such a placement is practical and in the child's best interest.
(9) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met.
(10) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative or other suitable person, the child shall remain in foster care and the court shall direct the department to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative or other person appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives or other suitable persons, pursuant to this section, shall be contingent upon cooperation by the relative or other suitable person with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's or other suitable person's home, subject to review by the court.
[ 2024 c 328 s 104; 2019 c 172 s 12; 2018 c 284 s 10; 2013 c 254 s 1. Prior: 2011 c 309 s 27; 2011 c 292 s 1; 2010 c 288 s 1; prior: 2009 c 520 s 27; 2009 c 491 s 2; 2009 c 397 s 3; prior: 2007 c 413 s 6; 2007 c 412 s 2; 2003 c 227 s 3; 2002 c 52 s 5; 2000 c 122 s 15; prior: 1999 c 267 s 16; 1999 c 267 s 9; 1999 c 173 s 3; prior: 1998 c 314 s 2; 1998 c 130 s 2; 1997 c 280 s 1; prior: 1995 c 313 s 2; 1995 c 311 s 19; 1995 c 53 s 1; 1994 c 288 s 4; 1992 c 145 s 14; 1991 c 127 s 4; prior: 1990 c 284 s 32; 1990 c 246 s 5; 1989 1st ex.s. c 17 s 17; prior: 1988 c 194 s 1; 1988 c 190 s 2; 1988 c 189 s 2; 1984 c 188 s 4; prior: 1983 c 311 s 5; 1983 c 246 s 2; 1979 c 155 s 46; 1977 ex.s. c 291 s 41.]
NOTES:
Findings—Intent—2024 c 328: See note following RCW 13.34.050.
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: "It is the intent of the legislature to recognize the importance of emotional ties formed by siblings with each other, especially in those circumstances which warrant court intervention into family relationships. It is the intent of the legislature to encourage the courts and public agencies which deal with families to acknowledge and give thoughtful consideration to the quality and nature of sibling relationships when intervening in family relationships. It is not the intent of the legislature to create legal obligations or responsibilities between siblings and other family members whether by blood or marriage, step families, foster families, or adopted families that do not already exist. Neither is it the intent of the legislature to mandate sibling placement, contact, or visitation if there is reasonable cause to believe that the health, safety, or welfare of a child or siblings would be jeopardized. Finally, it is not the intent of the legislature to manufacture or anticipate family relationships which do not exist at the time of the court intervention, or to disrupt already existing positive family relationships." [ 2003 c 227 s 1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 ss 10-26: See RCW 74.15.900 and 74.15.901.
Severability—1999 c 173: See note following RCW 13.34.125.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
Severability—1990 c 246: See note following RCW 13.34.060.
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.132
Petition seeking termination of parent-child relationship—Requirements.
A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
(1) The court has removed the child from his or her home pursuant to RCW 13.34.130;
(2) Termination is recommended by the department;
(3) Termination is in the best interests of the child; and
(4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(e) Conviction of the parent of trafficking, or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child's other parent, a sibling of the child, or another child;
(f) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
(g) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(h) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in RCW 13.38.040, the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
(i) An infant under three years of age has been abandoned;
(j) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.
[ 2018 c 284 s 11; 2013 c 302 s 11; 2011 c 309 s 28; 2000 c 122 s 16.]
NOTES:
Effective date—2013 c 302: See note following RCW 9.68A.090.
PDFRCW 13.34.134
Permanent placement of child.
If reasonable efforts are not ordered under RCW 13.34.132, a permanency planning hearing shall be held within thirty days of the court order to file a petition to terminate parental rights. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
[ 2000 c 122 s 17.]
PDFRCW 13.34.136
Permanency plan of care.
(1) Whenever a child is ordered to be removed from the home, a permanency plan shall be developed no later than 60 days from the time the department assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
(2) The department shall submit a written permanency plan to all parties and the court not less than 14 days prior to the scheduled hearing. Responsive reports of parties not in agreement with the department's proposed permanency plan must be provided to the department, all other parties, and the court at least seven days prior to the hearing.
The permanency plan shall include:
(a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption, including a tribal customary adoption as defined in RCW 13.38.040; guardianship pursuant to chapter 13.36 RCW; guardianship of a minor pursuant to RCW 11.130.215; long-term relative or foster care, if the child is between ages 16 and 18, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age 16 or older. Although a permanency plan of care may only identify long-term relative or foster care for children between ages 16 and 18, children under 16 may remain placed with relatives or in foster care. The department shall not discharge a child to an independent living situation before the child is 18 years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;
(b) Unless the court has ordered, pursuant to RCW 13.34.130(8), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, what steps the department will take to promote existing appropriate sibling relationships and/or facilitate placement together or contact in accordance with the best interests of each child, and what actions the department will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The department's plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.
(A) If the parent is incarcerated, the plan must address how the parent will participate in the case conference and permanency planning meetings and, where possible, must include treatment that reflects the resources available at the facility where the parent is confined. The plan must provide for visitation opportunities, unless visitation is not in the best interests of the child.
(B) If a parent has a developmental disability according to the definition provided in RCW 71A.10.020, and that individual is eligible for services provided by the department of social and health services developmental disabilities administration, the department shall make reasonable efforts to consult with the department of social and health services developmental disabilities administration to create an appropriate plan for services. For individuals who meet the definition of developmental disability provided in RCW 71A.10.020 and who are eligible for services through the developmental disabilities administration, the plan for services must be tailored to correct the parental deficiency taking into consideration the parent's disability and the department shall also determine an appropriate method to offer those services based on the parent's disability.
(ii)(A) Visitation is the right of the family, including the child and the parent, in cases in which visitation is in the best interest of the child. Early, consistent, and frequent visitation is crucial for maintaining parent-child relationships and making it possible for parents and children to safely reunify. The department shall encourage the maximum parent and child and sibling contact possible, when it is in the best interest of the child, including regular visitation and participation by the parents in the care of the child while the child is in placement.
(B) Visitation shall not be limited as a sanction for a parent's failure to comply with court orders or services where the health, safety, or welfare of the child is not at risk as a result of the visitation.
(C) Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare. Visitation must occur in the least restrictive setting and be unsupervised unless the presence of threats or danger to the child requires the constant presence of an adult to ensure the safety of the child. When a parent or sibling has been identified as a suspect in an active criminal investigation for a violent crime that, if the allegations are true, would impact the safety of the child, the department shall make a concerted effort to consult with the assigned law enforcement officer in the criminal case before recommending any changes in parent/child or child/sibling contact. In the event that the law enforcement officer has information pertaining to the criminal case that may have serious implications for child safety or well-being, the law enforcement officer shall provide this information to the department during the consultation. The department may only use the information provided by law enforcement during the consultation to inform family visitation plans and may not share or otherwise distribute the information to any person or entity. Any information provided to the department by law enforcement during the consultation is considered investigative information and is exempt from public inspection pursuant to RCW 42.56.240. The results of the consultation shall be communicated to the court.
(D) The court and the department should rely upon community resources, relatives, foster parents, and other appropriate persons to provide transportation and supervision for visitation to the extent that such resources are available, and appropriate, and the child's safety would not be compromised.
(E) If the court previously ordered that visitation between a parent and child be supervised or monitored, there shall be a presumption that such supervision or monitoring will no longer be necessary when the permanency plan is entered. To overcome this presumption, a party must provide a report to the court including evidence establishing that removing visit supervision or monitoring would create a risk to the child's safety, and the court shall make a determination as to whether visit supervision or monitoring must continue.
(F) The court shall advise the petitioner that the failure to provide court-ordered visitation may result in a finding that the petitioner failed to make reasonable efforts to finalize the permanency plan. The lack of sufficient contracted visitation providers will not excuse the failure to provide court-ordered visitation.
(iii)(A) The department, court, or caregiver in the out-of-home placement may not limit visitation or contact between a child and sibling as a sanction for a child's behavior or as an incentive to the child to change his or her behavior.
(B) Any exceptions, limitation, or denial of contacts or visitation must be approved by the supervisor of the department caseworker and documented. The child, parent, department, guardian ad litem, or court-appointed special advocate may challenge the denial of visits in court.
(iv) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(v) The plan shall state whether both in-state and, where appropriate, out-of-state placement options have been considered by the department.
(vi) Unless it is not in the best interests of the child, whenever practical, the plan should ensure the child remains enrolled in the school the child was attending at the time the child entered foster care.
(vii) The department shall provide all reasonable services that are available within the department, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services; and
(c) If the court has ordered, pursuant to RCW 13.34.130(9), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The department shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure visitation and contact between siblings shall be made unless there is reasonable cause to believe the best interests of the child or siblings would be jeopardized.
(3) Permanency planning goals should be achieved at the earliest possible date. If the child has been in out-of-home care for 15 of the most recent 22 months, and the court has not made a good cause exception, the court shall require the department to file a petition seeking termination of parental rights in accordance with RCW 13.34.145(4)(b)(vi). In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.
(4) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.
(5) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
(6) The court shall consider the child's relationships with the child's siblings in accordance with RCW 13.34.130(7). Whenever the permanency plan for a child is adoption, the court shall encourage the prospective adoptive parents, birth parents, foster parents, kinship caregivers, and the department or other agency to seriously consider the long-term benefits to the child adoptee and his or her siblings of providing for and facilitating continuing postadoption contact between the siblings. To the extent that it is feasible, and when it is in the best interests of the child adoptee and his or her siblings, 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 his or her siblings 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. This section does not require the department or other agency to agree to any specific provisions in an open adoption agreement and does not create a new obligation for the department to provide supervision or transportation for visits between siblings separated by adoption from foster care.
(7) For purposes related to permanency planning, "guardianship" means a guardianship pursuant to chapter 13.36 RCW or a guardianship of a minor pursuant to RCW 11.130.215, or equivalent laws of another state or a federally recognized Indian tribe.
[ 2021 c 208 s 2; 2020 c 312 s 117; 2018 c 284 s 13; (2018 c 284 s 12 expired July 1, 2018); 2017 3rd sp.s. c 6 s 306; 2015 c 270 s 1; 2014 c 163 s 2. Prior: 2013 c 316 s 2; 2013 c 254 s 2; 2013 c 173 s 2; 2011 c 309 s 29; prior: 2009 c 520 s 28; 2009 c 234 s 5; prior: 2008 c 267 s 3; 2008 c 152 s 2; 2007 c 413 s 7; 2004 c 146 s 1; 2003 c 227 s 4; 2002 c 52 s 6; 2000 c 122 s 18.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67: See note following RCW 13.34.030.
Expiration date—2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66: See note following RCW 13.34.030.
Effective date—2017 3rd sp.s. c 6 ss 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.
Intent—Finding—2014 c 163: "The legislature intends to assure that for parents with developmental disabilities, the department of social and health services takes into consideration the parent's disability when offering services to correct parental deficiencies. To do so, the legislature finds that the department must contact the developmental disabilities administration." [ 2014 c 163 s 1.]
Intent—2013 c 316: "The Washington state legislature recognizes the importance of frequent and meaningful contact for siblings separated due to involvement in the foster care system. The legislature also recognizes that children and youth in foster care have not always been provided adequate opportunities for visitation with their siblings. It is the intent of the legislature to encourage appropriate facilitation of sibling visits." [ 2013 c 316 s 1.]
Findings—Intent—2008 c 152: "The legislature finds that meeting the needs of vulnerable children who enter the child welfare system includes protecting the child's right to a safe, stable, and permanent home where the child receives basic nurturing. The legislature also finds that according to measures of timely dependency case processing, many children's cases are not meeting the federal and state standards intended to promote child-centered decision making in dependency cases. The legislature intends to encourage a greater focus on children's developmental needs and to promote closer adherence to timeliness standards in the resolution of dependency cases." [ 2008 c 152 s 1.]
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
PDFRCW 13.34.138
Review hearings—Findings—Duties of parties involved—In-home placement requirements—Housing assistance.
(1) The status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first. The purpose of the hearing shall be to review the progress of the parties and determine whether court supervision should continue.
(a) The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than 90 days from the entry of the disposition order, whichever comes first. The requirements for the initial review hearing, including the in-court review requirement, shall be accomplished within existing resources.
(b) The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(1)(a) or 13.34.134.
(2)(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision by the department shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) Prior to the child returning home, the department must complete the following:
(i) Identify all adults residing in the home and conduct background checks on those persons;
(ii) Identify any persons who may act as a caregiver for the child in addition to the parent with whom the child is being placed and determine whether such persons are in need of any services in order to ensure the safety of the child, regardless of whether such persons are a party to the dependency. The department may recommend to the court and the court may order that placement of the child in the parent's home be contingent on or delayed based on the need for such persons to engage in or complete services to ensure the safety of the child prior to placement. If services are recommended for the caregiver, and the caregiver fails to engage in or follow through with the recommended services, the department must promptly notify the court; and
(iii) Notify the parent with whom the child is being placed that he or she has an ongoing duty to notify the department of all persons who reside in the home or who may act as a caregiver for the child both prior to the placement of the child in the home and subsequent to the placement of the child in the home as long as the court retains jurisdiction of the dependency proceeding or the department is providing or monitoring either remedial services to the parent or services to ensure the safety of the child to any caregivers.
Caregivers may be required to engage in services under this subsection solely for the purpose of ensuring the present and future safety of a child who is a ward of the court. This subsection does not grant party status to any individual not already a party to the dependency proceeding, create an entitlement to services or a duty on the part of the department to provide services, or create judicial authority to order the provision of services to any person other than for the express purposes of this section or RCW 13.34.025 or if the services are unavailable or unsuitable or the person is not eligible for such services.
(c) If the child is not returned home, the court shall establish in writing:
(i) Whether the department is making reasonable efforts to provide services to the family and eliminate the need for placement of the child. If additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents, the court shall order that reasonable services be offered specifying such services;
(ii) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(iii) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(iv) Whether the services set forth in the case plan and the responsibilities of the parties need to be clarified or modified due to the availability of additional information or changed circumstances;
(v) Whether there is a continuing need for placement;
(vi) Within 60 days of the placement of a child in a qualified residential treatment program as defined in this chapter, and at each review hearing thereafter if the child remains in such a program, the following:
(A) Whether ongoing assessment of the child's strengths and needs continues to support the determination that the child's needs cannot be met through placement in a foster family home;
(B) Whether the child's placement provides the most effective and appropriate level of care in the least restrictive environment;
(C) Whether the placement is consistent with the child's permanency plan;
(D) What specific treatment or service needs will be met in the placement, and how long the child is expected to need the treatment or services; and
(E) What efforts the department has made to prepare the child to return home or be placed with a fit and willing relative as defined in RCW 13.34.030, a Title 13 RCW legal guardian, an adoptive parent, or in a foster family home;
(vii) Whether a parent's experiencing homelessness or lack of suitable housing is a significant factor delaying permanency for the child by preventing the return of the child to the home of the child's parent and whether housing assistance should be provided by the department;
(viii) Whether the child is in an appropriate placement which adequately meets all physical, emotional, and educational needs;
(ix) Whether preference has been given to placement with the child's relatives if such placement is in the child's best interests;
(x) Whether both in-state and, where appropriate, out-of-state placements have been considered;
(xi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(xii) Whether terms of visitation need to be modified. If the court previously ordered that visitation between a parent and child must be supervised or monitored, there shall be a presumption that such supervision or monitoring will no longer be necessary after the review hearing. To overcome this presumption, a party must provide a report to the court including evidence establishing that removing visit supervision or monitoring would create a risk to the child's safety, and the court shall make a determination as to whether visit supervision or monitoring must continue;
(xiii) Whether the court-approved long-term permanent plan for the child remains the best plan for the child;
(xiv) Whether any additional court orders need to be made to move the case toward permanency; and
(xv) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(d) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
(3)(a) In any case in which the court orders that a dependent child may be returned to or remain in the child's home, the in-home placement shall be contingent upon the following:
(i) The compliance of the parents with court orders related to the care and supervision of the child, including compliance with the department's case plan; and
(ii) The continued participation of the parents, if applicable, in available substance abuse or mental health treatment if substance abuse or mental illness was a contributing factor to the removal of the child.
(b) The following may be grounds for removal of the child from the home, subject to review by the court:
(i) Noncompliance by the parents with the department's case plan or court order;
(ii) The parent's inability, unwillingness, or failure to participate in available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect; or
(iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect.
(c) In a pending dependency case in which the court orders that a dependent child may be returned home and that child is later removed from the home, the court shall hold a review hearing within thirty days from the date of removal to determine whether the permanency plan should be changed, a termination petition should be filed, or other action is warranted. The best interests of the child shall be the court's primary consideration in the review hearing.
(4) The court's authority to order housing assistance under this chapter is: (a) Limited to cases in which a parent's experiencing homelessness or lack of suitable housing is a significant factor delaying permanency for the child and housing assistance would aid the parent in providing an appropriate home for the child; and (b) subject to the availability of funds appropriated for this specific purpose. Nothing in this chapter shall be construed to create an entitlement to housing assistance nor to create judicial authority to order the provision of such assistance to any person or family if the assistance or funding are unavailable or the child or family are not eligible for such assistance.
(5) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(7).
(6) The court shall advise the petitioner that the failure to provide court-ordered visitation may result in a finding that the petitioner failed to make reasonable efforts to finalize the permanency plan. The lack of sufficient contracted visitation providers will not excuse the failure to provide court-ordered visitation.
[ 2021 c 208 s 3; 2021 c 67 s 5; 2019 c 172 s 13; 2018 c 284 s 14. Prior: 2009 c 520 s 29; 2009 c 491 s 3; 2009 c 397 s 4; 2009 c 152 s 1; prior: 2007 c 413 s 8; 2007 c 410 s 1; 2005 c 512 s 3; 2003 c 227 s 5; 2001 c 332 s 5; 2000 c 122 s 19.]
NOTES:
Reviser's note: This section was amended by 2021 c 67 s 5 and by 2021 c 208 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
Severability—2007 c 413: See note following RCW 13.34.215.
Short title—2007 c 410: "This act may be known and cited as Sirita's law." [ 2007 c 410 s 9.]
Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100.
Intent—2003 c 227: See note following RCW 13.34.130.
PDFRCW 13.34.141
Entry, order of disposition—Parent, guardian, or custodian of child to engage in services and maintain contact with child—Notice.
(1) After entry of a dispositional order pursuant to RCW 13.34.130 ordering placement of a child in out-of-home care, the department shall continue to encourage the parent, guardian, or custodian of the child to engage in services and maintain contact with the child, which shall be accomplished by attaching a standard notice to the services and safety plan to be provided in advance of hearings conducted pursuant to RCW 13.34.138.
(2) The notice shall be photocopied on contrasting paper to distinguish it from the services and safety plan to which it is attached, and shall be in substantially the following form:
"NOTICE
If you have not been maintaining consistent contact with your child in out-of-home care, your ability to reunify with your child may be jeopardized. If this is your situation, you need to be aware that you have important legal rights and must take steps to protect your interests.
The department of children, youth, and families (or other *supervising agency) and the court have created a permanency plan for your child, including a primary placement plan and a secondary placement plan, and recommending services needed before your child can be placed in the primary or secondary placement. If you want the court to order that your child be reunified with you, you should notify your lawyer and the department, and you should carefully comply with court orders for services and participate regularly in visitation with your child. Failure to promptly engage in services or to maintain contact with your child may lead to the filing of a petition to terminate your rights as a parent.
Primary and secondary permanency plans are intended to run at the same time so that your child will have a permanent home as quickly as possible. Even if you want another parent or person to be the primary placement choice for your child, you should tell your lawyer, the department, and the court if you want to be the secondary placement option, and you should comply with any court orders for services and participate in visitation with your child. Early and consistent involvement in your child's case plan is important for the well-being of your child.
Dependency review hearings, and all other dependency case hearings, are legal proceedings with potentially serious consequences. Failure to participate, respond, or comply with court orders may lead to the loss of your parental rights."
[ 2017 3rd sp.s. c 6 s 307; 2009 c 484 s 1.]
NOTES:
*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 s 3.
Effective date—2017 3rd sp.s. c 6 ss 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.
PDFRCW 13.34.142
Current placement episode—Calculation.
If the most recent date that a child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care occurred prior to the filing of a dependency petition or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of the child's current placement episode.
[ 2000 c 122 s 14.]
PDFRCW 13.34.145
Permanency planning hearing—Purpose—Time limits—Goals—Review hearing—Petition for termination of parental rights—Guardianship petition—Agency responsibility to provide services to parents—Due process rights.
(1) The purpose of a permanency planning hearing is to review the permanency plan for the child, inquire into the welfare of the child and progress of the case, and reach decisions regarding the permanent placement of the child.
(a) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than 12 months following commencement of the current placement episode.
(b) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than 12 months, as provided in this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed. Every effort shall be made to provide stability in long-term placement, and to avoid disruption of placement, unless the child is being returned home or it is in the best interest of the child.
(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for 15 months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.
(2) No later than 10 working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.
(3) When the youth is at least age 17 years but not older than 17 years and six months, the department shall provide the youth with written documentation which explains the availability of extended foster care services and detailed instructions regarding how the youth may access such services after he or she reaches age 18 years.
(4) At the permanency planning hearing, the court shall conduct the following inquiry:
(a) If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. The court shall find, as of the date of the hearing, that the child's placement and plan of care is the best permanency plan for the child and provide compelling reasons why it continues to not be in the child's best interest to (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed with a fit and willing relative. If the child is present at the hearing, the court should ask the child about his or her desired permanency outcome.
(b) In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. The court shall review the permanency plan prepared by the agency and make explicit findings regarding each of the following:
(i) The continuing necessity for, and the safety and appropriateness of, the placement;
(ii) The extent of compliance with the permanency plan by the department and any other service providers, the child's parents, the child, and the child's guardian, if any;
(iii) The extent of any efforts to involve appropriate service providers in addition to department staff in planning to meet the special needs of the child and the child's parents;
(iv) The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child;
(v) The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement; and
(vi) If the child has been placed outside of his or her home for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first six months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan, whether reasonable efforts were made by the department to achieve the goal of the permanency plan, and the circumstances which prevent the child from any of the following:
(A) Being returned safely to his or her home;
(B) Having a petition for the involuntary termination of parental rights filed on behalf of the child;
(C) Being placed for adoption;
(D) Being placed with a guardian;
(E) Being placed in the home of a fit and willing relative of the child; or
(F) Being placed in some other alternative permanent placement, including independent living or long-term foster care.
(c) Regardless of whether the primary permanency planning goal has been achieved, for a child who remains placed in a qualified residential treatment program as defined in this chapter for at least 60 days, and remains placed there at subsequent permanency planning hearings, the court shall establish in writing:
(i) Whether ongoing assessment of the child's strengths and needs continues to support the determination that the child's needs cannot be met through placement in a foster family home;
(ii) Whether the child's placement provides the most effective and appropriate level of care in the least restrictive environment;
(iii) Whether the placement is consistent with the child's short and long-term goals as stated in the child's permanency plan;
(iv) What specific treatment or service needs will be met in the placement, and how long the child is expected to need the treatment or services; and
(v) What efforts the department has made to prepare the child to return home or be placed with a fit and willing relative as defined in RCW 13.34.030, a Title 13 RCW guardian, a guardian pursuant to RCW 11.130.215, an adoptive parent, or in a foster family home.
(5) Following this inquiry, at the permanency planning hearing, the court shall order the department to file a petition seeking termination of parental rights if the child has been in out-of-home care for 15 of the last 22 months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate. Any good cause finding shall be reviewed at all subsequent hearings pertaining to the child.
(a) For purposes of this subsection, "good cause exception" includes but is not limited to the following:
(i) The child is being cared for by a relative;
(ii) The department has not provided to the child's family such services as the court and the department have deemed necessary for the child's safe return home;
(iii) The department has documented in the case plan a compelling reason for determining that filing a petition to terminate parental rights would not be in the child's best interests;
(iv) The parent is incarcerated, or the parent's prior incarceration is a significant factor in why the child has been in foster care for 15 of the last 22 months, the parent maintains a meaningful role in the child's life, and the department has not documented another reason why it would be otherwise appropriate to file a petition pursuant to this section;
(v) Where a parent has been accepted into a dependency treatment court program or long-term substance abuse or dual diagnoses treatment program and is demonstrating compliance with treatment goals;
(vi) Where a parent who has been court ordered to complete services necessary for the child's safe return home files a declaration under penalty of perjury stating the parent's financial inability to pay for the same court-ordered services, and also declares the department was unwilling or unable to pay for the same services necessary for the child's safe return home; or
(vii) The department has not yet met with the caregiver for the child to discuss guardianship as an alternative to adoption or the court has determined that guardianship is an appropriate permanent plan.
(b) The court's assessment of whether a parent who is incarcerated maintains a meaningful role in the child's life may include consideration of the following:
(i) The parent's expressions or acts of manifesting concern for the child, such as letters, telephone calls, visits, and other forms of communication with the child;
(ii) The parent's efforts to communicate and work with the department or other individuals for the purpose of complying with the service plan and repairing, maintaining, or building the parent-child relationship;
(iii) A positive response by the parent to the reasonable efforts of the department;
(iv) Information provided by individuals or agencies in a reasonable position to assist the court in making this assessment, including but not limited to the parent's attorney, correctional and mental health personnel, or other individuals providing services to the parent;
(v) Limitations in the parent's access to family support programs, therapeutic services, and visiting opportunities, restrictions to telephone and mail services, inability to participate in foster care planning meetings, and difficulty accessing lawyers and participating meaningfully in court proceedings; and
(vi) Whether the continued involvement of the parent in the child's life is in the child's best interest.
(c) The constraints of a parent's current or prior incarceration and associated delays or barriers to accessing court-mandated services may be considered in rebuttal to a claim of aggravated circumstances under RCW 13.34.132(4)(h) for a parent's failure to complete available treatment.
(6)(a) If the permanency plan identifies independent living as a goal, the court at the permanency planning hearing shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial, personal, social, educational, and nonfinancial affairs prior to approving independent living as a permanency plan of care. The court will inquire whether the child has been provided information about extended foster care services.
(b) The permanency plan shall also specifically identify the services, including extended foster care services, where appropriate, that will be provided to assist the child to make a successful transition from foster care to independent living.
(c) The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.
(7) If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall:
(a) Enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280, 13.34.215(6), and 13.34.096; and
(b) Instruct the department to discuss guardianship as a permanent option for the child with the child's parents and caregiver as an alternative to termination of parental rights and adoption. No child who is placed with a relative or other suitable person may be moved, unless, pursuant to the criteria established in RCW 13.34.130, the court finds that a change in circumstances necessitates a change in placement.
(8) In all cases, at the permanency planning hearing, the court shall:
(a)(i) Order the permanency plan prepared by the department to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.
(9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every 12 months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.
(10) Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.
(11) If the court orders the child returned home, casework supervision by the department shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court shall determine the need for continued intervention.
(12) The juvenile court may hear a petition for permanent legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.
(13) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when the requirements of subsection (12) of this section are met.
(14) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the department requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
(15) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the department of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships with siblings in accordance with RCW 13.34.130.
(16) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
[ 2022 c 127 s 1; 2020 c 312 s 118; 2019 c 172 s 15; 2018 c 284 s 15. Prior: 2015 c 270 s 2; 2015 c 257 s 1; prior: 2013 c 332 s 3; 2013 c 206 s 1; 2013 c 173 s 3; 2011 c 330 s 6; prior: 2009 c 520 s 30; 2009 c 491 s 4; 2009 c 477 s 4; 2008 c 152 s 3; 2007 c 413 s 9; 2003 c 227 s 6; prior: 2000 c 135 s 4; 2000 c 122 s 20; 1999 c 267 s 17; prior: 1998 c 314 s 3; 1998 c 130 s 3; prior: 1995 c 311 s 20; 1995 c 53 s 2; 1994 c 288 s 5; 1993 c 412 s 1; 1989 1st ex.s. c 17 s 18; 1988 c 194 s 3.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
Short title—2015 c 257: "This act may be known and cited as the Roger Freeman act." [ 2015 c 257 s 2.]
Effective date—2015 c 257: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2015." [ 2015 c 257 s 3.]
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
Intent—2011 c 330: See note following RCW 13.04.011.
Findings—Intent—2009 c 477: See note following RCW 13.34.062.
Findings—Intent—2008 c 152: See note following RCW 13.34.136.
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 ss 10-26: See RCW 74.15.900 and 74.15.901.
PDFRCW 13.34.147
Case review panel—Creation—Duties.
(1) Within the department's appropriations, the department shall ensure that a case review panel reviews cases involving dependent children where permanency is not achieved for children within eighteen months after being placed in out-of-home care.
(2) The case review panel shall be comprised of, at a minimum, a lead social services specialist and either the office of the family and children's ombuds or another external organization with child welfare experience.
(3) Beginning September 1, 2018, the panel shall review all cases where, after October 19, 2017, a dependent child reaches eighteen months in out-of-home placement and has not achieved permanency. This review must occur by the child's nineteenth month in out-of-home placement. At each case review, the panel must develop a plan of action, including recommended next steps for the department to take, to achieve permanency.
(4) The department is encouraged to convene the case review panel regularly to review other cases involving dependent children as needed to ensure stability and permanency is achieved and length of stay for children in out-of-home placement is reduced.
[ 2017 3rd sp.s. c 20 s 6.]
NOTES:
Construction—Competitive procurement process and contract provisions—Conflict with federal requirements and Indian Child Welfare Act of 1978—2017 3rd sp.s. c 20: See notes following RCW 74.13.270.
PDFRCW 13.34.150
Modification of orders.
Any order made by the court in the case of a dependent child may be changed, modified, or set aside, only upon a showing of a change in circumstance or as provided in RCW 13.34.120.
[ 1993 c 412 s 9; 1990 c 246 s 6; 1977 ex.s. c 291 s 43; 1913 c 160 s 15; RRS s 1987-15. Formerly RCW 13.04.150.]
NOTES:
Severability—1990 c 246: See note following RCW 13.34.060.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.155
Concurrent jurisdiction over nonparental actions for child custody—Establishment or modification of parenting plan.
(1) The court hearing the dependency petition may hear and determine issues related to a guardianship of a minor under RCW 11.130.215 in a dependency proceeding as necessary to facilitate a permanency plan for the child or children as part of the dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child. Any modification or establishment of a guardianship of a minor must be made in conformity with the standards in chapter 11.130 RCW. The parents, guardians, or legal custodian of the child must agree, subject to court approval, to establish or modify a guardianship of a minor, but the court may decide any contested issues implementing the guardianship. This agreed guardianship of a minor may have the concurrence of the other parties to the dependency, the guardian ad litem of the child, and the child if age twelve or older, and must also be in the best interests of the child. If the petitioner for a guardianship of a minor order under RCW 11.130.215 is not a party to the dependency proceeding, he or she must agree on the record or by the filing of a declaration to the entry of a guardianship of a minor. Once a guardianship of a minor order is entered under RCW 11.130.215, and the dependency petition dismissed, the department shall not continue to supervise the placement.
(2)(a) The court hearing the dependency petition may establish or modify a parenting plan under chapter 26.09, 26.26A, or 26.26B RCW as part of a disposition order or at a review hearing when doing so will implement a permanent plan of care for the child and result in dismissal of the dependency.
(b) The dependency court shall adhere to procedural requirements under chapter 26.09 RCW and must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(c) Unless the whereabouts of one of the parents is unknown to either the department or the court, the parents must agree, subject to court approval, to establish the parenting plan or modify an existing parenting plan.
(d) Whenever the court is asked to establish or modify a parenting plan, the child's residential schedule, the allocation of decision-making authority, and dispute resolution under this section, the dependency court may:
(i) Appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child; and
(ii) Appoint an attorney to represent the interests of the child with respect to provisions for the parenting plan.
(e) The dependency court must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(f) The dependency court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for the entry or modification of a parenting plan under this section. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to become part of the court record of the dependency case and the case under chapter 26.09, 26.26A, or 26.26B RCW.
(g) In the absence of agreement by a parent, guardian, or legal custodian of the child to allow the juvenile court to hear and determine issues related to the establishment or modification of a parenting plan under chapter 26.09, 26.26A, or 26.26B RCW, a party may move the court to transfer such issues to the family law department of the superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interests of the child.
(h) In any parenting plan agreed to by the parents and entered or modified in juvenile court under this section, all issues pertaining to child support and the division of marital property shall be referred to or retained by the family law department of the superior court.
(3) Any order entered in the dependency court establishing or modifying a guardianship of a minor under RCW 11.130.215, parenting plan, or residential schedule under chapter 26.09, 26.26A, or 26.26B RCW shall also be filed in the chapter 11.130, 26.09, 26.26A, or 26.26B RCW action by the moving or prevailing party. If the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fees shall be imposed by the clerk. Once filed, any guardianship of a minor order, parenting plan, or residential schedule establishing or modifying permanent legal custody of a child shall survive dismissal of the dependency proceeding.
[ 2020 c 312 s 119; 2019 c 46 s 5017; 2018 c 284 s 16. Prior: 2009 c 526 s 2; 2009 c 520 s 31; 2000 c 135 s 1.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
PDFRCW 13.34.160
Order of support for dependent child.
(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter 26.19 RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050.
(2) For purposes of this section, if a dependent child's parent is an unmarried minor parent or pregnant minor applicant, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent or pregnant minor applicant are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.
(3) In the absence of a court order setting support, the department may establish an administrative order for support upon receipt of a referral or application for support enforcement services.
[ 2004 c 183 s 1; 1997 c 58 s 505; 1993 c 358 s 2; 1987 c 435 s 14; 1981 c 195 s 8; 1977 ex.s. c 291 s 44; 1969 ex.s. c 138 s 1; 1961 c 302 s 7; 1913 c 160 s 8; RRS s 1987-8. Formerly RCW 13.04.100.]
NOTES:
Effective date—2004 c 183: "This act takes effect July 1, 2004." [ 2004 c 183 s 6.]
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective date—1987 c 435: See RCW 26.23.900.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement: RCW 13.32A.178.
PDFRCW 13.34.161
Order of support for dependent child—Noncompliance—Enforcement of judgment.
In any case in which the court has ordered a parent or parents, guardian, or other person having custody of a child to pay support under RCW 13.34.160 and the order has not been complied with, the court may, upon such person or persons being duly summoned or voluntarily appearing, proceed to inquire into the amount due upon the order and enter judgment for that amount against the defaulting party or parties, and the judgment shall be docketed as are other judgments for the payment of money.
In such judgments, the county in which the order is entered shall be the judgment creditor, or the state may be the judgment creditor where the child is in the custody of a state agency. Judgments may be enforced by the prosecuting attorney of the county, or the attorney general where the state is the judgment creditor and any moneys recovered shall be paid into the registry of the juvenile court and shall be disbursed to such person, persons, agency, or governmental department as the court finds is entitled to it.
Such judgments shall remain valid and enforceable for a period of ten years after the date of entry.
[ 2000 c 122 s 22; 1981 c 195 s 9; 1977 ex.s. c 291 s 45; 1961 c 302 s 8; 1955 c 188 s 1. Formerly RCW 13.34.170, 13.04.105.]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.165
Civil contempt—Grounds—Motion—Penalty—Detention review hearing.
(1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030(2).
(2) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.
(3)(a) Subject to (b) of this subsection, whenever the court finds probable cause to believe, based upon consideration of a motion and the information set forth in a supporting declaration, that a child is missing from care, the court may issue an order directing law enforcement to pick up and return the child to department custody.
(b) If the department is notified of the child's whereabouts and authorizes the child's location, the court must withdraw the order directing law enforcement to pick up and return the child to department custody.
(4) Nothing in this section shall be construed to limit the court's inherent contempt power or curtail its exercise.
[ 2019 c 312 s 12; 2019 c 312 s 11; 2000 c 122 s 21; 1998 c 296 s 38; 1996 c 133 s 29; 1989 c 373 s 17; 1985 c 257 s 1]
NOTES:
Effective date—2019 c 312 ss 4, 8, and 12: See note following RCW 7.21.030.
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Severability—1985 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 257 s 12.]
PDFRCW 13.34.174
Order of alcohol or substance abuse diagnostic investigation and evaluation—Treatment plan—Breach of plan—Reports.
(1) The provisions of this section shall apply when a court orders a party to undergo an alcohol or substance abuse diagnostic investigation and evaluation.
(2) The facility conducting the investigation and evaluation shall make a written report to the court stating its findings and recommendations including family-based services or treatment when appropriate. If its findings and recommendations support treatment, it shall also recommend a treatment plan setting out:
(a) Type of treatment;
(b) Nature of treatment;
(c) Length of treatment;
(d) A treatment time schedule; and
(e) Approximate cost of the treatment.
The affected person shall be included in developing the appropriate treatment plan. The treatment plan must be signed by the treatment provider and the affected person. The initial written progress report based on the treatment plan shall be sent to the appropriate persons six weeks after initiation of treatment. Subsequent progress reports shall be provided after three months, six months, twelve months, and thereafter every six months if treatment exceeds twelve months. Reports are to be filed with the court in a timely manner. Closeout of the treatment record must include summary of pretreatment and posttreatment, with final outcome and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.
Each report shall also be filed with the court and a copy given to the person evaluated and the person's counsel. A copy of the treatment plan shall also be given to the department's caseworker and to the guardian ad litem. Any program for chemical dependency shall meet the program requirements contained in *chapter 70.96A RCW.
(3) If the court has ordered treatment pursuant to a dependency proceeding it shall also require the treatment program to provide, in the reports required by subsection (2) of this section, status reports to the court, the department, and the person or person's counsel regarding the person's cooperation with the treatment plan proposed and the person's progress in treatment.
(4) If a person subject to this section fails or neglects to carry out and fulfill any term or condition of the treatment plan, the program or agency administering the treatment shall report such breach to the court, the department, the guardian ad litem, and the person or person's counsel, within twenty-four hours, together with its recommendation. These reports shall be made as a declaration by the person who is personally responsible for providing the treatment.
(5) Nothing in this chapter may be construed as allowing the court to require the department to pay for the cost of any alcohol or substance abuse evaluation or treatment program.
[ 2018 c 284 s 17; 2009 c 520 s 32; 2000 c 122 s 23; 1993 c 412 s 5.]
NOTES:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
PDFRCW 13.34.176
Violation of alcohol or substance abuse treatment conditions—Hearing—Notice—Modification of order.
(1) The court, upon receiving a report under RCW 13.34.174(4) or at the department's request, may schedule a show cause hearing to determine whether the person is in violation of the treatment conditions. All parties shall be given notice of the hearing. The court shall hold the hearing within ten days of the request for a hearing. At the hearing, testimony, declarations, reports, or other relevant information may be presented on the person's alleged failure to comply with the treatment plan and the person shall have the right to present similar information on his or her own behalf.
(2) If the court finds that there has been a violation of the treatment conditions it shall modify the dependency order, as necessary, to ensure the safety of the child. The modified order shall remain in effect until the party is in full compliance with the treatment requirements.
[ 2018 c 284 s 18; 2009 c 520 s 33; 2000 c 122 s 24; 1993 c 412 s 6.]
PDFRCW 13.34.180
Order terminating parent and child relationship—Petition—Filing—Allegations.
(1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (3) or (4) of this section applies:
(a) That the child has been found to be a dependent child;
(b) That the court has entered a dispositional order pursuant to RCW 13.34.130;
(c) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency;
(d) That the services ordered under RCW 13.34.136 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided;
(e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within 12 months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:
(i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts;
(ii) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; or
(iii) Failure of the parent to have contact with the child for an extended period of time after the filing of the dependency petition if the parent was provided an opportunity to have a relationship with the child by the department or the court and received documented notice of the potential consequences of this failure, except that the actual inability of a parent to have visitation with the child including, but not limited to, mitigating circumstances such as a parent's current or prior incarceration or service in the military does not in and of itself constitute failure to have contact with the child; and
(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. In making this determination, the court must consider the efforts taken by the department to support a guardianship and whether a guardianship is available as a permanent option for the child. If the parent is incarcerated, the court shall consider whether a parent maintains a meaningful role in his or her child's life based on factors identified in RCW 13.34.145(5)(b); whether the department made reasonable efforts as defined in this chapter; and whether particular barriers existed as described in RCW 13.34.145(5)(b) including, but not limited to, delays or barriers experienced in keeping the agency apprised of his or her location and in accessing visitation or other meaningful contact with the child.
(2) As evidence of rebuttal to any presumption established pursuant to subsection (1)(e) of this section, the court may consider the particular constraints of a parent's current or prior incarceration. Such evidence may include, but is not limited to, delays or barriers a parent may experience in keeping the agency apprised of his or her location and in accessing visitation or other meaningful contact with the child.
(3) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.
(4) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
(a) Murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW against another child of the parent;
(c) Attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b) of this subsection; or
(d) Assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.
(5) When a parent has been sentenced to a long-term incarceration and has maintained a meaningful role in the child's life considering the factors provided in RCW 13.34.145(5)(b), and it is in the best interest of the child, the department should consider a permanent placement that allows the parent to maintain a relationship with his or her child, such as, but not limited to, a guardianship pursuant to chapter 13.36 RCW.
(6) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.
You have the right to a fact-finding hearing before a judge.
You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of children, youth, and families or other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .
At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) ."
[ 2022 c 127 s 2; 2018 c 284 s 20; (2018 c 284 s 19 expired July 1, 2018); 2017 3rd sp.s. c 6 s 308; 2013 c 173 s 4. Prior: 2009 c 520 s 34; 2009 c 477 s 5; 2001 c 332 s 4; 2000 c 122 s 25; 1998 c 314 s 4; 1997 c 280 s 2; prior: 1993 c 412 s 2; 1993 c 358 s 3; 1990 c 246 s 7; 1988 c 201 s 2; 1987 c 524 s 6; 1979 c 155 s 47; 1977 ex.s. c 291 s 46.]
NOTES:
Effective date—2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67: See note following RCW 13.34.030.
Expiration date—2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66: See note following RCW 13.34.030.
Effective date—2017 3rd sp.s. c 6 ss 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—Intent—2009 c 477: See note following RCW 13.34.062.
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.190
Order terminating parent and child relationship—Findings.
(1) Except as provided in subsection (2) of this section, after hearings pursuant to RCW 13.34.110 or 13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that:
(a)(i) The allegations contained in the petition as provided in RCW 13.34.180(1) are established by clear, cogent, and convincing evidence; or
(ii) The provisions of RCW 13.34.180(1) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or
(iii) The allegation under *RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.132 exist; or
(iv) The allegation under *RCW 13.34.180(3) is established beyond a reasonable doubt; and
(b) Such an order is in the best interests of the child.
(2) The provisions of chapter 13.38 RCW must be followed in any proceeding under this chapter for termination of the parent-child relationship of an Indian child as defined in RCW 13.38.040.
[ 2011 c 309 s 30; 2010 c 288 s 2; 2000 c 122 s 26; 1998 c 314 s 5; 1993 c 412 s 3; 1992 c 145 s 15; 1990 c 284 s 33; 1979 c 155 s 48; 1977 ex.s. c 291 s 47.]
NOTES:
*Reviser's note: RCW 13.34.180 was amended by 2013 c 173 s 4, changing subsections (2) and (3) to subsections (3) and (4), respectively.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.200
Order terminating parent and child relationship—Rights of parties when granted.
(1) Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child, except as provided in RCW 13.34.215: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.
(2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.
(3) An order terminating the parent-child relationship shall include a statement addressing the status of the child's sibling relationships and the nature and extent of sibling placement, contact, or visits.
[ 2007 c 413 s 2; 2003 c 227 s 7; 2000 c 122 s 27; 1977 ex.s. c 291 s 48.]
NOTES:
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.210
Order terminating parent and child relationship—Custody where no one has parental rights.
If, upon entering an order terminating the parental rights of a parent, there remains no parent having parental rights, the court shall commit the child to the custody of the department willing to accept custody for the purpose of placing the child for adoption. If an adoptive home has not been identified, the department shall place the child in a licensed foster home, or take other suitable measures for the care and welfare of the child. The placement standards provided in RCW 13.34.130 continue to apply throughout the life of the case, except that the court need not consider whether reunification with the parent will be hindered when evaluating relative placements. The custodian shall have authority to consent to the adoption of the child consistent with chapter 26.33 RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.
If a child has not been adopted within six months after the date of the order and a guardianship of the child under chapter 13.36 RCW or a guardianship of a minor under RCW 11.130.215 has not been entered by the court, the court shall review the case every six months until a decree of adoption is entered. The department shall take reasonable steps to ensure that the child maintains relationships with siblings as provided in RCW 13.34.130(7) and shall report to the court the status and extent of such relationships.
[ 2022 c 127 s 3; 2020 c 312 s 120; 2018 c 284 s 21; 2010 c 272 s 13. Prior: 2009 c 520 s 35; 2009 c 152 s 2; 2003 c 227 s 8; 2000 c 122 s 28; 1991 c 127 s 6; 1988 c 203 s 2; 1979 c 155 s 49; 1977 ex.s. c 291 s 49.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
Intent—2003 c 227: See note following RCW 13.34.130.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
PDFRCW 13.34.212
Court-appointed attorney for a child in a dependency proceeding.
(1)(a) The court shall appoint an attorney for a child in a dependency proceeding six months after granting a petition to terminate the parent and child relationship pursuant to RCW 13.34.180 and when there is no remaining parent with parental rights.
(b) The court may appoint one attorney to a group of siblings, unless there is a conflict of interest, or such representation is otherwise inconsistent with the rules of professional conduct.
(c) Subject to availability of amounts appropriated for this specific purpose, the state shall pay the costs of legal services provided by an attorney appointed pursuant to (a) of this subsection if the legal services are provided in accordance with the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the statewide children's representation work group pursuant to section 5, chapter 180, Laws of 2010 until such time that new recommendations are adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
(d) The office of civil legal aid is responsible for implementation of (c) of this subsection as provided in RCW 2.53.045.
(e) Legal services provided by an attorney pursuant to (a) of this subsection do not include representation of the child in any appellate proceedings relative to the termination of the parent and child relationship.
(2)(a) The court may appoint an attorney to represent the child's position in any dependency action on its own initiative, or upon the request of a parent, the child, a guardian ad litem, a caregiver, or the department.
(b)(i) If the court has not already appointed an attorney for a child, or the child is not represented by a privately retained attorney:
(A) The child's caregiver, or any individual, may refer the child to an attorney for the purposes of filing a motion to request appointment of an attorney at public expense; or
(B) The child or any individual may retain an attorney for the child for the purposes of filing a motion to request appointment of an attorney at public expense.
(ii) Nothing in this subsection changes or alters the confidentiality provisions of RCW 13.50.100.
(c) The department and the child's guardian ad litem shall each notify a child of the child's right to request an attorney and shall ask the child whether the child wishes to have an attorney. The department and the child's guardian ad litem shall notify the child and make this inquiry immediately after:
(i) The date of the child's 12th birthday; or
(ii) Assignment of a case involving a child age 12 or older.
(d) The department and the child's guardian ad litem shall repeat the notification and inquiry at least annually and upon the filing of any motion or petition affecting the child's placement, services, or familial relationships.
(e) The notification and inquiry is not required if the child has already been appointed an attorney.
(f) The department shall note in the child's individual service and safety plan, and the guardian ad litem shall note in his or her report to the court, that the child was notified of the right to request an attorney and indicate the child's position regarding appointment of an attorney.
(g) At the first regularly scheduled hearing after:
(i) The date of the child's 12th birthday; or
(ii) The date that a dependency petition is filed pursuant to this chapter on a child age 12 or older;
the court shall inquire whether the child has received notice of his or her right to request an attorney from the department and the child's guardian ad litem. The court shall make an additional inquiry at the first regularly scheduled hearing after the child's 15th birthday. No inquiry is necessary if the child has already been appointed an attorney.
(3) Subject to the availability of amounts appropriated for this specific purpose:
(a) Pursuant to the phase-in schedule set forth in (c) of this subsection (3), the court must appoint an attorney for every child in a dependency proceeding as follows:
(i) For a child under the age of eight, appointment must be made for the dependency and termination action upon the filing of a termination petition. Nothing in this subsection shall be construed to limit the ability of the court to appoint an attorney to represent the child's position in a dependency action on its own initiative, or upon the request of a parent, the child, a guardian ad litem, a caregiver, or the department, prior to the filing of a termination petition.
(ii) For a child between the ages of eight through 17, appointment must be made upon the filing of a new dependency petition at or before the commencement of the shelter care hearing.
(iii) For any pending or open dependency case where the child is unrepresented and is entitled to the appointment of an attorney under (a)(i) or (ii) of this subsection, appointment must be made at or before the next hearing if the child is eligible for representation pursuant to the phase-in schedule. At the next hearing, the court shall inquire into the status of attorney representation for the child, and if the child is not yet represented, appointment must be made at the hearing.
(b) Appointment is not required if the court has already appointed an attorney for the child, or the child is represented by a privately retained attorney.
(c) The statewide children's legal representation program shall develop a schedule for court appointment of attorneys for every child in dependency proceedings that will be phased in on a county-by-county basis over an 11-year period. The schedule required under this subsection must not add more than 1,250 cases each fiscal year and:
(i) To the extent practicable, prioritize implementation in counties that have:
(A) No current practice of appointment of attorneys for children in dependency cases; or
(B) Significant prevalence of racial disproportionality or disparities in the number of dependent children compared to the general population, or both;
(ii) Include representation in at least:
(A) Three counties beginning July 1, 2022;
(B) Eight counties beginning January 1, 2023;
(C) Fifteen counties beginning January 1, 2024;
(D) Twenty counties beginning January 1, 2025;
(E) Thirty counties beginning January 1, 2030;
(F) Thirty-six counties beginning January 1, 2031; and
(iii) Achieve full statewide implementation by January 1, 2032.
(d) In cases where the statewide children's legal representation program provides funding and where consistent with its administration and oversight responsibilities, the statewide children's legal representation program should prioritize continuity of counsel for children who are already represented at county expense when the statewide children's legal representation program becomes effective in a county. The statewide children's legal representation program shall coordinate with relevant county stakeholders to determine how best to prioritize this continuity of counsel.
(e) The statewide children's legal representation program is responsible for the recruitment, training, and oversight of attorneys providing standards-based representation pursuant to (a) and (c) of this subsection as provided in RCW 2.53.045 and shall ensure that attorneys representing children pursuant to this section provide legal services according to the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
[ 2025 c 413 s 1; 2024 c 25 s 1; 2021 c 210 s 6.]
NOTES:
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
PDFRCW 13.34.215
Petition reinstating terminated parental rights—Notice—Achievement of permanency plan—Effect of granting the petition—Hearing—Child support liability—Retroactive application—Limitation on liability.
(1) A child may petition the juvenile court to reinstate the previously terminated parental rights of his or her parent under the following circumstances:
(a) The child was previously found to be a dependent child under this chapter;
(b) The child's parent's rights were terminated in a proceeding under this chapter;
(c)(i) The child has not achieved his or her permanency plan; or
(ii) While the child achieved a permanency plan, it has not since been sustained;
(d) Three years have passed since the final order of termination was entered; and
(e) The child must be at least twelve years old at the time the petition is filed. Upon the child's motion for good cause shown, or on its own motion, the court may hear a petition filed by a child younger than twelve years old.
(2) If the child is eligible to petition the juvenile court under subsection (1) of this section and a parent whose rights have been previously terminated contacts the department or the child's guardian ad litem regarding reinstatement, the department or the guardian ad litem must notify the eligible child about his or her right to petition for reinstatement of parental rights.
(3) A child seeking to petition under this section shall be provided counsel at no cost to the child.
(4) The petition must be signed by the child in the absence of a showing of good cause as to why the child could not do so.
(5) If, after a threshold hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the juvenile court shall order that a hearing on the merits of the petition be held.
(6) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department, the child's attorney, and the child. The court shall also order the department to give prior notice of any hearing to the child's former parent whose parental rights are the subject of the petition, any parent whose rights have not been terminated, the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
(7) The juvenile court shall conditionally grant the petition if it finds by clear and convincing evidence that the child has not achieved his or her permanency plan and is not likely to imminently achieve his or her permanency plan and that reinstatement of parental rights is in the child's best interest. In determining whether reinstatement is in the child's best interest the court shall consider, but is not limited to, the following:
(a) Whether the parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order;
(b) The age and maturity of the child, and the ability of the child to express his or her preference;
(c) Whether the reinstatement of parental rights will present a risk to the child's health, welfare, or safety; and
(d) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition.
(8) In determining whether the child has or has not achieved his or her permanency plan or whether the child is likely to achieve his or her permanency plan, the department shall provide the court, and the court shall review, information related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship.
(9)(a) If the court conditionally grants the petition under subsection (7) of this section, the case will be continued for six months and a temporary order of reinstatement entered. During this period, the child shall be placed in the custody of the parent. The department shall develop a permanency plan for the child reflecting the plan to be reunification and shall provide transition services to the family as appropriate.
(b) If the child must be removed from the parent due to abuse or neglect allegations prior to the expiration of the conditional six-month period, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
(c) If the child has been successfully placed with the parent for six months, the court order reinstating parental rights remains in effect and the court shall dismiss the dependency.
(10) After the child has been placed with the parent for six months, the court shall hold a hearing. If the placement with the parent has been successful, the court shall enter a final order of reinstatement of parental rights, which shall restore all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including those relating to custody, control, and support of the child. The court shall dismiss the dependency and direct the clerk's office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost.
(11) The granting of the petition under this section does not vacate or otherwise affect the validity of the original termination order.
(12) Any parent whose rights are reinstated under this section shall not be liable for any child support owed to the department pursuant to RCW 13.34.160 or Title 26 RCW or costs of other services provided to a child for the time period from the date of termination of parental rights to the date parental rights are reinstated.
(13) A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. An order granted under this section reinstates the parental rights to the child. This reinstatement is a recognition that the situation of the parent and child have changed since the time of the termination of parental rights and reunification is now appropriate.
(14) This section is retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(15) The state, the department, and its employees are not liable for civil damages resulting from any act or omission in the provision of services under this section, unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action against the state, the department, or its employees concerning the original termination.
[ 2018 c 284 s 22; 2011 c 292 s 2; 2010 c 180 s 4; 2009 c 520 s 36; 2008 c 267 s 1; 2007 c 413 s 1.]
NOTES:
Findings—2010 c 180: See note following RCW 13.34.100.
Severability—2007 c 413: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 413 s 13.]
PDFRCW 13.34.232
Guardianship for dependent child—Order, contents—Rights and duties of dependency guardian.
(1) An order establishing a dependency guardianship shall:
(a) Appoint a person or agency to serve as dependency guardian for the limited purpose of assisting the court to supervise the dependency;
(b) Specify the dependency guardian's rights and responsibilities concerning the care, custody, and control of the child. A dependency guardian shall not have the authority to consent to the child's adoption;
(c) Specify the dependency guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency of visitation between the parent and the child; and
(e) Specify the need for any continued involvement of the *supervising agency and the nature of that involvement, if any.
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law;
(d) Consent to social and school activities of the child; and
(e) Provide an annual written accounting to the court regarding receipt by the dependency guardian of any funds, benefits, or property belonging to the child and expenditures made therefrom.
(3) As used in this section, the term "health care" includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of the guardianship. While the guardianship remains in effect, the dependency guardian shall be a party to any dependency proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until the child is eighteen years of age or until the court terminates the guardianship order, whichever occurs sooner.
[ 2010 c 272 s 14; 1994 c 288 s 7; 1993 c 412 s 4; 1981 c 195 s 3.]
NOTES:
*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 s 3.
PDFRCW 13.34.233
Guardianship for dependent child—Modification or termination of order—Hearing—Termination of guardianship.
(1) Any party may request the court under RCW 13.34.150 to modify or terminate a dependency guardianship order. Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice in all cases shall be served upon the department. If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to: (a) Initiate a proceeding to modify or terminate a guardianship; and (b) intervene at any stage of such a proceeding.
(2) The guardianship may be modified or terminated upon the motion of any party, or the department if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. The court shall hold a hearing on the motion before modifying or terminating a guardianship.
(3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.
(4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that reasons for removal as set forth in RCW 13.34.130 no longer exist and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in RCW 13.34.138 and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.
[ 2018 c 284 s 23; 2009 c 520 s 38; 2000 c 122 s 30; 1995 c 311 s 24; 1994 c 288 s 8; 1981 c 195 s 4.]
PDFRCW 13.34.234
Guardianship for dependent child—Dependency guardianship subsidies.
A dependency guardian who is a licensed foster parent at the time the guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order may be eligible for a guardianship subsidy on behalf of the child.
[ 2010 c 272 s 15; 2009 c 235 s 6; 1994 c 288 s 9; 1981 c 195 s 5.]
NOTES:
Findings—Intent—2009 c 235: See note following RCW 74.13.031.
PDFRCW 13.34.235
Guardianship for dependent child—Review hearing requirements not applicable—Exception.
A dependency guardianship is not subject to the review hearing requirements of RCW 13.34.138 unless ordered by the court under RCW 13.34.232(1)(e).
[ 2000 c 122 s 31; 1981 c 195 s 6.]
PDFRCW 13.34.237
Guardianship for dependent child—Subject to dependency and termination of parent-child relationship provisions—Exceptions—Request to convert dependency guardianship to guardianship—Dismissal of dependency.
(1) Notwithstanding the provisions of chapter 13.36 RCW, a dependency guardianship established by court order under this chapter and in force on June 10, 2010, shall remain subject to the provisions of this chapter unless: (a) The dependency guardianship is modified or terminated under the provisions of this chapter; or (b) the dependency guardianship is converted by court order to a guardianship pursuant to a petition filed under RCW 13.36.030.
(2) A dependency guardian or the department or *supervising agency may request the juvenile court to convert a dependency guardianship established under this chapter to a guardianship under chapter 13.36 RCW by filing a petition under RCW 13.36.030. If both the dependency guardian and the department or *supervising agency agree that the dependency guardianship should be converted to a guardianship under this chapter, and if the court finds that such conversion is in the child's best interests, the court shall grant the petition and enter an order of guardianship in accordance with RCW 13.36.050.
(3) The court shall dismiss the dependency established under this chapter upon the entry of a guardianship order under chapter 13.36 RCW.
[ 2010 c 272 s 11.]
NOTES:
*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 s 3.
PDFRCW 13.34.240
Acts, records, and proceedings of Indian tribe or band given full faith and credit.
The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of any Indian tribe or band in any proceeding brought pursuant to this chapter to the same extent that full faith and credit is given to the public acts, records, and judicial proceedings of any other state.
[ 1979 c 155 s 52.]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
PDFRCW 13.34.245
Voluntary consent to foster care placement for Indian child—Validation—Withdrawal of consent—Termination.
(1) Where any parent or Indian custodian voluntarily consents to foster care placement of an Indian child and a petition for dependency has not been filed regarding the child, such consent shall not be valid unless executed in writing before the court and filed with the court. The consent shall be accompanied by the written certification of the court that the terms and consequences of the consent were fully explained in detail to the parent or Indian custodian during the court proceeding and were fully understood by the parent or Indian custodian. The court shall also certify in writing either that the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of the Indian child shall not be valid.
(2) To obtain court validation of a voluntary consent to foster care placement, any person may file a petition for validation alleging that there is located or residing within the county an Indian child whose parent or Indian custodian wishes to voluntarily consent to foster care placement of the child and requesting that the court validate the consent as provided in this section. The petition shall contain the name, date of birth, and residence of the child, the names and residences of the consenting parent or Indian custodian, and the name and location of the Indian tribe in which the child is a member or eligible for membership. The petition shall state whether the placement preferences of 25 U.S.C. Sec. 1915 (b) or (c) will be followed. Reasonable attempts shall be made by the petitioner to ascertain and set forth in the petition the identity, location, and custodial status of any parent or Indian custodian who has not consented to foster care placement and why that parent or Indian custodian cannot assume custody of the child.
(3) Upon filing of the petition for validation, the clerk of the court shall schedule the petition for a hearing on the court validation of the voluntary consent no later than forty-eight hours after the petition has been filed, excluding Saturdays, Sundays, and holidays. Notification of time, date, location, and purpose of the validation hearing shall be provided as soon as possible to the consenting parent or Indian custodian, the department which is to assume responsibility for the child's placement and care pursuant to the consent to foster care placement, and the Indian tribe in which the child is enrolled or eligible for enrollment as a member. If the identity and location of any nonconsenting parent or Indian custodian is known, reasonable attempts shall be made to notify the parent or Indian custodian of the consent to placement and the validation hearing. Notification under this subsection may be given by the most expedient means, including, but not limited to, mail, personal service, telephone, and telegraph.
(4) Any parent or Indian custodian may withdraw consent to a voluntary foster care placement, made under this section, at any time. Unless the Indian child has been taken in custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130, the Indian child shall be returned to the parent or Indian custodian upon withdrawal of consent to foster care placement of the child.
(5) Upon termination of the voluntary foster care placement and return of the child to the parent or Indian custodian, the department which had assumed responsibility for the child's placement and care pursuant to the consent to foster care placement shall file with the court written notification of the child's return and shall also send such notification to the Indian tribe in which the child is enrolled or eligible for enrollment as a member and to any other party to the validation proceeding including any noncustodial parent.
[ 2018 c 284 s 24; 2009 c 520 s 39; 1997 c 386 s 18; 1987 c 170 s 2.]
NOTES:
Application—1997 c 386: See note following RCW 13.50.010.
Severability—1987 c 170: See note following RCW 13.04.030.
PDFRCW 13.34.260
Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged.
(1) In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child with a relative or other suitable person pursuant to RCW 13.34.130. Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and shall be integrated through the foster care team.
(2) When a child is placed in out-of-home care, relatives, other suitable persons, and foster parents are encouraged to:
(a) Provide consultation to the foster care team based upon their experience with the child placed in their care;
(b) Assist the birth parents by helping them understand their child's needs and correlating appropriate parenting responses;
(c) Participate in educational activities, and enter into community-building activities with birth families and other foster families;
(d) Transport children to family time visits with birth families and assist children and their families in maximizing the purposefulness of family time.
(3) For purposes of this section:
(a) "Foster care team" means the relative, other suitable person, or foster parent currently providing care, the currently assigned department employee, and the parent or parents; and
(b) "Birth family" means the persons described in RCW 74.15.020(2)(a).
[ 2011 c 89 s 5; 2009 c 491 s 5; 2003 c 226 s 2; 2002 c 52 s 7; 2000 c 122 s 32; 1990 c 284 s 25.]
NOTES:
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Findings—Intent—2003 c 226: "The legislature finds that a large group of children spend a significant part of their lives in foster care. Each individual connected to a child in an out-of-home placement must have an abiding appreciation of the seriousness of the child's separation from his or her family and the past, whether that separation is short, long, or permanent in nature. It is the intent of the legislature to recognize and honor the history and the family connections that each child brings to an out-of-home placement.
The legislature finds that creating and sanctioning a connection between a child's birth parents and foster family, when appropriate, can result in better relationships among birth families, children, foster families, and social workers. Creating and sanctioning this connection can result in greater foster placement stability and fewer disruptions for children, as well as greater satisfaction for foster parents and social workers." [ 2003 c 226 s 1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
PDFRCW 13.34.265
Foster home placement—Considerations.
If a child has been previously placed in out-of-home care and is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or other suitable person, the preferred placement for the child is in a foster family home where the child previously was placed, if the following conditions are met:
(1) The foster family home is available and willing to care for the child;
(2) The foster family is appropriate and able to meet the child's needs; and
(3) The placement is in the best interest of the child.
[ 2009 c 482 s 2.]
PDFRCW 13.34.267
Extended foster care services—Maintenance of dependency proceeding—Placement, care of youth—Appointment of counsel—Case plan.
(1) In order to facilitate the delivery of extended foster care services, the court, upon the agreement of the youth to participate in the extended foster care program, shall maintain the dependency proceeding for any youth who is dependent at the age of 18 years until the youth turns 21 or withdraws their agreement to participate.
(2) For the purposes of pursuing federal reimbursement only, the department may request judicial findings that a youth is:
(a) Enrolled in a secondary education program or a secondary education equivalency program;
(b) Enrolled and participating in a postsecondary academic or postsecondary vocational program, or has applied for and can demonstrate that he or she intends to timely enroll in a postsecondary academic or postsecondary vocational program;
(c) Participating in a program or activity designed to promote employment or remove barriers to employment;
(d) Engaged in employment for 80 hours or more per month; or
(e) Not able to engage in any of the activities described in (a) through (d) of this subsection due to a documented medical condition.
(3) When the court maintains the dependency proceeding of a youth pursuant to subsection (1) of this section, the youth is eligible to receive extended foster care services pursuant to RCW 74.13.031, subject to the youth's continuing agreement to participate.
(4) A dependent youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian must be dismissed from the dependency proceeding when the youth reaches the age of 18.
(5) The court shall dismiss the dependency proceeding for any youth who is a dependent and who, at the age of 18 years, does not agree to participate in the program.
(6) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services. The department may establish foster care rates appropriate to the needs of the youth participating in extended foster care services. The department's placement and care authority over a youth receiving extended foster care services is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving extended foster care services.
(7)(a) If a youth does not already have counsel, the court shall appoint counsel to represent a youth, as defined in RCW 13.34.030(2)(b), in dependency proceedings under this section. Subject to amounts appropriated, the state shall pay the costs of legal services provided by an attorney appointed pursuant to this subsection based on the phase-in schedule outlined in RCW 13.34.212, provided that the legal services are provided in accordance with the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
(b) In cases where the statewide children's legal representation program provides funding and where consistent with its administration and oversight responsibilities, the statewide children's legal representation program should prioritize continuity of counsel for children who are already represented at county expense when the statewide children's legal representation program becomes effective in a county. The statewide children's legal representation program shall coordinate with relevant county stakeholders to determine how best to prioritize continuity of counsel.
(8) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138 and 13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age 18 to 21 years. Additionally, the court shall consider:
(a) Whether the youth is safe in his or her placement;
(b) Whether the current placement is developmentally appropriate for the youth;
(c) The youth's development of independent living skills; and
(d) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.
(9) Prior to the review hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.
[ 2024 c 192 s 3; 2021 c 210 s 10; 2018 c 34 s 1; 2015 c 240 s 1; 2014 c 122 s 1; 2013 c 332 s 4; 2012 c 52 s 4; 2011 c 330 s 7.]
NOTES:
Findings—Intent—2024 c 192: See note following RCW 13.34.030.
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
Effective date—2018 c 34: "This act takes effect July 1, 2018." [ 2018 c 34 s 6.]
Effective date—2015 c 240: "This act takes effect July 1, 2016." [ 2015 c 240 s 6.]
Effective date—2014 c 122: "This act takes effect March 1, 2015." [ 2014 c 122 s 3.]
Findings—2013 c 332: "(1) The legislature finds that the federal fostering connections to success and increasing adoptions act of 2008 provides important new opportunities to increase the impact of state funding through maximizing the amount of federal funding available to promote permanency and positive outcomes for dependent youth.
(2) The legislature also finds that children and adolescents who are legal dependents of Washington state have experienced significant trauma and loss, putting them at increased risk for poor life outcomes. Longitudinal research on the adult functioning of former foster youth indicates a disproportionate likelihood that youth aging out of foster care and those who spent several years in care will experience poor outcomes in a variety of areas, including limited human capital upon which to build economic security and inability to fully take advantage of secondary and postsecondary educational opportunities, untreated mental or behavioral health problems, involvement in the criminal justice and corrections systems, and early parenthood combined with second-generation child welfare involvement.
(3) The legislature further finds that research also demonstrates that access to adequate and appropriate supports during the period of transition from foster care to independence can have significant positive impacts on adult functioning and can improve outcomes relating to educational attainment and postsecondary enrollment, employment and earnings, and reduced rates of teen pregnancies." [ 2013 c 332 s 1.]
Recommendations—2013 c 332: "No later than September 1, 2013, the department of social and health services shall develop recommendations regarding the needs of dependent youth in juvenile rehabilitation administration institutions and report those recommendations to the governor and appropriate legislative committees. The report must include specific recommendations regarding how these youth may access services under the extended foster care program. The recommendations must be developed by the children's administration and the juvenile rehabilitation administration in consultation with youth who have been involved with the juvenile rehabilitation administration and representatives from community stakeholders and the courts." [ 2013 c 332 s 14.]
Application—2013 c 332: "This act applies prospectively only and not retroactively. It applies to:
(1) Dependency matters that have an open court case on July 28, 2013; and
(2) Dependency matters for which a petition is filed on or after July 28, 2013." [ 2013 c 332 s 15.]
Intent—2012 c 52: See note following RCW 74.13.031.
Intent—2011 c 330: See note following RCW 13.04.011.
PDFRCW 13.34.268
Extended foster care services—Voluntary placement agreement—Decline—Petition for dependency.
(1)(a) If a youth prior to reaching age twenty-one years requests extended foster care services from the department pursuant to RCW 74.13.336, and the department declines to enter into a voluntary placement agreement with the youth, the department must provide written documentation to the youth which contains:
(i) The date that the youth requested extended foster care services;
(ii) The department's reasons for declining to enter into a voluntary placement agreement with the youth and the date of the department's decision; and
(iii) Information regarding the youth's right to ask the court to establish a dependency for the purpose of providing extended foster care services and his or her right to counsel to assist in making that request.
(b) The written documentation pursuant to (a) of this subsection must be provided to the youth within ten days of the department's decision not to enter into a voluntary placement agreement with the youth.
(2)(a) A youth seeking to participate in extended foster care after being declined by the department under subsection (1) of this section may file a notice of intent to file a petition for dependency, asking the court to determine his or her eligibility for extended foster care services, and to enter an order of dependency. If the youth chooses to file such notice, it must be filed within thirty days of the date of the department's decision.
(b) Upon filing the notice, the youth must be provided counsel at no cost to him or her. Upon receipt of the youth's petition, the court must set a hearing date to determine whether the petition should be granted.
[ 2018 c 34 s 2; 2013 c 332 s 6.]
NOTES:
Effective date—2018 c 34: See note following RCW 13.34.267.
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
PDFRCW 13.34.270
Child with developmental disability—Out-of-home placement—Permanency planning hearing.
(1) Whenever the department of social and health services places a child with a developmental disability in out-of-home care pursuant to *RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.
(2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability and that the child has been placed in out-of-home care pursuant to *RCW 74.13.350. The petition shall request that the court review the child's placement, make a determination whether continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this section. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order under chapter 11.130 RCW has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order under chapter 11.130 RCW has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care and maintenance of a child with a developmental disability, placed in care as a result of an action under this chapter, the department shall refer the case to the division of child support, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child.
(8) This section does not prevent the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.
(9) For purposes of this section, unless the context clearly requires otherwise, "department" means the department of social and health services.
[ 2020 c 312 s 725; 2019 c 470 s 1; 2004 c 183 s 2; 2000 c 122 s 33; 1998 c 229 s 2; 1997 c 386 s 19.]
NOTES:
Reviser's note: *(1) RCW 74.13.350 was recodified as RCW 71A.28.010 pursuant to 2020 c 41 s 6.
(2) RCW 13.34.270 was amended by 2020 c 312 s 725 without cognizance of its repeal by 2020 c 41 s 5. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective date—2004 c 183: See note following RCW 13.34.160.
Application—1997 c 386: See note following RCW 13.50.010.
PDFRCW 13.34.270
Child with developmental disability—Out-of-home placement—Permanency planning hearing.
[ 2019 c 470 s 1; 2004 c 183 s 2; 2000 c 122 s 33; 1998 c 229 s 2; 1997 c 386 s 19.]
NOTES:
Reviser's note: RCW 13.34.270 was amended by 2020 c 312 s 725 without cognizance of its repeal by 2020 c 41 s 5. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
PDFRCW 13.34.300
Relevance of failure to cause juvenile to attend school to neglect petition.
The legislature finds that it is the responsibility of the custodial parent, parents or guardian to ensure that children within the custody of such individuals attend school as provided for by law. To this end, while a parent's failure to cause a juvenile to attend school should not alone provide a basis for a neglect petition against the parent or guardian, when a neglect petition is filed on the basis of other evidence, a parent or guardian's failure to take reasonable steps to ensure that the juvenile attends school may be relevant to the question of the appropriate disposition of a neglect petition.
[ 2000 c 122 s 34; 1979 ex.s. c 201 s 3.]
PDFRCW 13.34.315
Health care—Evaluation and treatment.
Whenever a child is ordered removed from his or her home pursuant to this chapter, the agency charged with his or her care may authorize an evaluation and treatment for the child's routine and necessary medical, dental, or mental health care, and all necessary emergency care.
[ 2006 c 221 s 2.]
NOTES:
Finding—2006 c 221: "The legislature recognizes that foster children have enhanced health care needs and that it is necessary to improve the system of providing health care for foster children. The legislature further recognizes the importance of meeting the mental health needs of children in foster care, as well as their medical and dental health care needs. The legislature finds that there must be greater coordination and integration of systems, in particular coordination between children's administration and the health and recovery services administration as well as other agencies that provide or pay for health services for foster youth, to ensure that the health care needs of children in foster care are met in a timely manner." [ 2006 c 221 s 1.]
PDFRCW 13.34.320
Inpatient mental health treatment—When parental consent required—Hearing.
The department shall obtain the prior consent of a child's parent, legal guardian, or legal custodian before a dependent child is admitted into an inpatient mental health treatment facility. If the child's parent, legal guardian, or legal custodian is unavailable or does not agree with the proposed admission, the department shall request a hearing and provide notice to all interested parties to seek prior approval of the juvenile court before such admission. In the event that an emergent situation creating a risk of substantial harm to the health and welfare of a child in the custody of the department does not allow time for the department to obtain prior approval or to request a court hearing before consenting to the admission of the child into an inpatient mental health hospital, the department shall seek court approval by requesting that a hearing be set on the first available court date.
[ 2018 c 284 s 25; 2009 c 520 s 40; 1999 c 188 s 2.]
NOTES:
Intent—1999 c 188: "It is the intent of the legislature that minor children in the care and custody of the department of social and health services under chapter 13.34 RCW be provided the most appropriate possible mental health care consistent with the child's best interests, family reconciliation, the child's medical need for mental health treatment, available state and community resources, and professional standards of medical care. The legislature intends that admission of such minors for mental health hospitalization be made pursuant to the criteria and standards for mental health services for minors established in chapter 71.34 RCW, and that minor children in the care and custody of the department in need of mental health hospitalization shall retain all rights set forth therein. The legislature specifically intends that this act may not be construed to affect the standards or procedures established for the involuntary commitment of minors under chapter 71.34 RCW." [ 1999 c 188 s 1.]
PDFRCW 13.34.330
Inpatient mental health treatment—Placement.
A dependent child who is admitted to an inpatient mental health facility shall be placed in a facility, with available treatment space, that is closest to the family home, unless the department, in consultation with the admitting authority finds that admission in the facility closest to the child's home would jeopardize the health or safety of the child.
[ 2018 c 284 s 26; 2009 c 520 s 41; 1999 c 188 s 3.]
NOTES:
Intent—1999 c 188: See note following RCW 13.34.320.
PDFRCW 13.34.340
Release of records—Disclosure to treating physician.
For minors who cannot consent to the release of their records with the department because they are not old enough to consent to treatment, or, if old enough, lack the capacity to consent, or if the minor is receiving treatment involuntarily with a provider the department has authorized to provide mental health treatment under RCW 13.34.320, the department shall disclose, upon the treating physician's request, all relevant records, including the minor's passport as established under RCW 74.13.285, in the department's possession that the treating physician determines contain information required for treatment of the minor. The treating physician shall maintain all records received from the department in a manner that distinguishes the records from any other records in the minor's file with the treating physician and the department records may not be disclosed by the treating physician to any other person or entity absent a court order except that, for medical purposes only, a treating physician may disclose the department records to another treating physician.
[ 2018 c 284 s 27; 2009 c 520 s 42; 2000 c 122 s 35; 1999 c 188 s 4.]
NOTES:
Intent—1999 c 188: See note following RCW 13.34.320.
PDFRCW 13.34.350
Dependent children—Information sharing—Guidelines.
In order to facilitate communication of information needed to serve the best interest of any child who is the subject of a dependency case filed under this chapter, the department shall, consistent with state and federal law governing the release of confidential information, establish guidelines, and shall use those guidelines for the facilitation of communication of relevant information among divisions, providers, the courts, the family, caregivers, caseworkers, and others.
[ 2009 c 520 s 43; 2001 c 52 s 2.]
NOTES:
Finding—2001 c 52: "Recent analysis of the child dependency system following the death of Zy'Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within programs between caseworkers, between divisions, among specialists, caregivers, and family. Appropriate service delivery necessitates communication of relevant information. Barriers to appropriate communication must be eliminated." [ 2001 c 52 s 1.]
Construction—2001 c 52: "Nothing in this act shall be construed to create a private right of action or claim against the department of social and health services on the part of any individual or organization." [ 2001 c 52 s 4.]
PDFRCW 13.34.360
Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—Definitions.
(1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency department of a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation; (ii) a fire station during its hours of operation and while fire personnel are present; or (iii) a federally designated rural health clinic during its hours of operation.
(b) "Newborn" means a live human being who is less than seventy-two hours old.
(c) "Qualified person" means (i) any person that the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or medical staff member of the hospital or federally designated rural health clinic and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs; or (ii) a firefighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080, 26.20.030, or 26.20.035.
(3)(a) The qualified person at an appropriate location shall not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) The qualified person at an appropriate location shall attempt to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent to anonymously give the qualified person such information as the parent knows about the family medical history of the parents and the newborn. The qualified person at an appropriate location shall provide referral information about adoption options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a qualified person at an appropriate location pursuant to this section, the qualified person shall cause child protective services to be notified within twenty-four hours after receipt of such a newborn. Child protective services shall assume custody of the newborn within twenty-four hours after receipt of notification.
(d) A federally designated rural health clinic is not required to provide ongoing medical care of a transferred newborn beyond that already required by law and may transfer the newborn to a hospital licensed under chapter 70.41 RCW. The federally designated rural health clinic shall notify child protective services of the transfer of the newborn to the hospital.
(e) A hospital, federally designated rural health clinic, or fire station, its employees, volunteers, and medical staff are immune from any criminal or civil liability for accepting or receiving a newborn under this section.
(4)(a) Beginning July 1, 2011, an appropriate location shall post a sign indicating that the location is an appropriate place for the safe and legal transfer of a newborn.
(b) To cover the costs of acquiring and placing signs, appropriate locations may accept nonpublic funds and donations.
(5) The department shall collect and compile information concerning the number of newborns transferred under this section after June 7, 2018. The department shall report its findings to the public annually, which may be on its website, beginning July 31, 2018.
[ 2018 c 182 s 2; 2009 c 290 s 1; 2002 c 331 s 2.]
NOTES:
Findings—Intent—2018 c 182: "The legislature finds that on February 12, 2014, the body of a newborn girl was found near the side of a road in North Bend, Washington, wrapped in a blanket. The newborn was less than half a mile away from Snoqualmie valley hospital, a location where infants can be safely and anonymously surrendered under Washington state's safety of newborn children law. The legislature further finds that while national estimates are that safe surrender laws across the country have saved well over one thousand infants in the past decade, surprisingly little is known about how many abandonment incidents occur and how many could have been or have been prevented through safe surrender laws.
The legislature further finds that no newborn should be abandoned to die alone and hungry as its first and only exposure to the world, any life that can be saved under the safety of the newborn children law is worth saving, and understanding the characteristics of newborn abandonment and knowing when and where they occur is crucial for developing effective public awareness strategies to make caregivers aware of the state's safe surrender option. The legislature further finds that while existing state law requires persons receiving infants under the safety of newborn children law to notify child protective services, which is situated within the Washington state department of social and health services children's administration, within twenty-four hours, there is no statutory requirement for the department of social and health services to report data on surrendered newborns. The legislature therefore intends to require the department of social and health services to provide consistent tracking and regular public reporting of safe surrender information statewide and to regularly publish information on safe surrenders." [ 2018 c 182 s 1.]
Intent—2002 c 331: "The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. The legislature recognizes that prenatal and postdelivery health care for newborns and their mothers is especially critical to their survival and well-being. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life." [ 2002 c 331 s 1.]
Effective date—2002 c 331: "Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 3, 2002]." [ 2002 c 331 s 9.]
PDFRCW 13.34.370
Evaluation of parties—Selection of evaluators.
The court may order expert evaluations of parties to obtain information regarding visitation issues or other issues in a case. These evaluations shall be performed by appointed evaluators who are mutually agreed upon by the court, the department, and the parents' counsel, and, if the child is to be evaluated, by the representative for the child. If no agreement can be reached, the court shall select the expert evaluator.
[ 2018 c 284 s 28; 2009 c 520 s 44; 2004 c 146 s 2.]
PDFRCW 13.34.380
Visitation policies and protocols—Development—Elements.
The department shall develop consistent policies and protocols, based on current relevant research, concerning visitation for dependent children to be implemented consistently throughout the state. The department shall develop the policies and protocols in consultation with researchers in the field, community-based agencies, court-appointed special advocates, parents' representatives, and court representatives. The policies and protocols shall include, but not be limited to: The structure and quality of visitations; consultation with the assigned law enforcement officer in the event the parent or sibling of the child is identified as a suspect in an active criminal investigation for a violent crime that, if the allegations are true, would impact the safety of the child; and training for department caseworkers, visitation supervisors, and foster parents related to visitation.
The policies and protocols shall be consistent with the provisions of this chapter and implementation of the policies and protocols shall be consistent with relevant orders of the court.
[ 2018 c 284 s 29; 2013 c 254 s 3; 2009 c 520 s 45; 2004 c 146 s 3.]
PDFRCW 13.34.385
Petition for visitation—Relatives of dependent children—Notice—Modification of order—Effect of granting the petition—Retroactive application.
(1) A relative of a dependent child may petition the juvenile court for reasonable visitation with the child if:
(a) The child has been found to be a dependent child under this chapter;
(b) The parental rights of both of the child's parents have been terminated;
(c) The child is in the custody of the department or another public agency; and
(d) The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the petition for visitation is filed.
(2) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department, other public agency, or agency having custody of the child, the child's attorney or guardian ad litem if applicable, and the child. The court shall also order the custodial agency to give prior notice of any hearing to the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
(3) The juvenile court may grant the petition for visitation if it finds that the requirements of subsection (1) of this section have been met, and that unsupervised visitation between the child and the relative does not present a risk to the child's safety or well-being and that the visitation is in the best interests of the child. In determining the best interests of the child the court shall consider, but is not limited to, the following:
(a) The love, affection, and strength of the relationship between the child and the relative;
(b) The length and quality of the prior relationship between the child and the relative;
(c) Any criminal convictions for or founded history of abuse or neglect of a child by the relative;
(d) Whether the visitation will present a risk to the child's health, welfare, or safety;
(e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference;
(f) Any other factor relevant to the child's best interest.
(4) The visitation order may be modified at any time upon a showing that the visitation poses a risk to the child's safety or well-being. The visitation order shall state that visitation will automatically terminate upon the child's placement in a preadoptive home, if the child is adopted, or if there is a subsequent founded abuse or neglect allegation against the relative.
(5) The granting of the petition under this section does not grant the relative the right to participate in the dependency action and does not grant any rights to the relative not otherwise specified in the visitation order.
(6) This section is retroactive and applies to any eligible dependent child at the time of the filing of the petition for visitation, regardless of the date parental rights were terminated.
(7) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020(2)(a), except parents.
(8) This section is intended to provide an additional procedure by which a relative may request visitation with a dependent child. It is not intended to impair or alter the ability a court currently has to order visitation with a relative under the dependency statutes.
[ 2018 c 284 s 30; 2009 c 520 s 46; 2008 c 259 s 1.]
PDFRCW 13.34.390
Comprehensive services for drug-affected and alcohol-affected mothers and infants.
The department and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected mothers and infants. Subject to funds appropriated for this purpose, the expansion shall be in evidence-based, research-based, or consensus-based practices, and shall expand capacity in underserved regions of the state.
[ 2009 c 520 s 47; 2005 c 504 s 303.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
PDFRCW 13.34.400
Child welfare proceedings—Placement—Documentation.
In any proceeding under this chapter, if the department submits a report to the court in which the department is recommending a new placement or a change in placement, the department shall include the documents relevant to persons in the home in which a child will be placed and listed in subsections (1) through (5) of this section to the report. The department shall include only these relevant documents and shall not attach the entire history of the subject of the report.
(1) If the report contains a recommendation, opinion, or assertion by the department relating to substance abuse treatment, mental health treatment, anger management classes, or domestic violence classes, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report or evaluation submitted by the provider, but may not include the entire history with the provider.
(2) If the report contains a recommendation, opinion, or assertion by the department or agency relating to visitation with a child, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the most recent visitation report, a visitation report referencing a specific incident alleged in the report, or summary of the visitation prepared by the person who supervised the visitation. The documentation attached to the report shall not include the entire visitation history.
(3) If the report contains a recommendation, opinion, or assertion by the department relating to the psychological status of a person, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report, evaluation, or summary submitted by the provider, but shall not include the entire history of the person.
(4) If the report contains a recommendation, opinion, or assertion by the department relating to injuries to a child, the department shall attach a summary of the physician's report, prepared by the physician or the physician's designee, relating to the recommendation, opinion, or assertion by the department.
(5) If the report contains a recommendation, opinion, or assertion by the department relating to a home study, licensing action, or background check information, the department shall attach the document or documents upon which that recommendation, opinion, or assertion is based.
[ 2018 c 284 s 31; 2009 c 520 s 48; 2007 c 411 s 2.]
NOTES:
Finding—2007 c 411: "The legislature finds that in order to allow courts to make well-informed placement decisions for children in the care of the state, the courts must have accurate information, including documentation supporting assertions or recommendations made by social workers, when appropriate." [ 2007 c 411 s 1.]
Short title—2007 c 411: "This act shall be known and cited as the Rafael Gomez act." [ 2007 c 411 s 3.]
PDFRCW 13.34.410
Psychosexual evaluation.
In the event a judge orders a parent to undergo a psychosexual evaluation, and pending the outcome of the evaluation, the department, subject to the approval of the court, may reassess visitation duration, supervision, and location, if appropriate. If the assessment indicates the current visitation plan is contrary to the child's health, safety, or welfare, the department, subject to approval by the court, may alter the visitation plan pending the outcome of the investigation.
[ 2013 c 254 s 4.]
PDFRCW 13.34.420
Qualified residential treatment program—Requirements.
A qualified residential treatment program as defined in this chapter must meet the following requirements:
(1) Use a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances; and
(2) Be able to implement treatment for the child that is identified in an assessment that:
(a) Is completed by a trained professional or licensed clinician who is a "qualified individual" as that term is defined under the federal family first prevention services act;
(b) Assesses the strengths and needs of the child; and
(c) Determines whether the child's needs can be met with family members or through placement in a foster family home or, if not, which available placement setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the child's permanency plan.
[ 2019 c 172 s 3.]
NOTES:
Effective date—2019 c 172 ss 3, 4, and 10-15: "Sections 3, 4, and 10 through 15 of this act take effect October 1, 2019." [ 2019 c 172 s 19.]
PDFRCW 13.34.425
Qualified residential treatment program—Placement—Hearing.
If a child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within sixty days of placement, hold a hearing to:
(1) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
(2) Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
(3) Approve or disapprove the child's placement in the qualified residential treatment program.
[ 2019 c 172 s 14.]
NOTES:
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
PDFRCW 13.34.430
Social study—Required information.
A social study as defined in this chapter must contain the following information:
(1) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(2) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;
(3) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the prevention services, including housing assistance, that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(4)(a) If the child is placed, for at least thirty days, in a qualified residential treatment program as defined in this chapter, a copy of the assessment described in RCW 13.34.420.
(b) As long as the child remains placed in a qualified residential treatment program and the department anticipates that the child will remain in this placement for at least sixty days, or if the child has already been in this placement for at least sixty days, the social study must also include the following information sufficient for the juvenile court to determine at each status hearing concerning the child:
(i) Whether ongoing assessment of the child's strengths and needs continues to support the determination that the child's needs cannot be met through placement in a foster family home;
(ii) Whether the child's placement provides the most effective and appropriate level of care in the least restrictive environment;
(iii) Whether the placement is consistent with the child's permanency plan;
(iv) What specific treatment or service needs will be met in the placement, and how long the child is expected to need the treatment or services; and
(v) What efforts the department has made to prepare the child to return home or be placed with a fit and willing relative as defined in RCW 13.34.030, a Title 13 RCW legal guardian, an adoptive parent, or in a foster family home;
(5) A statement of the likely harms the child will suffer as a result of removal;
(6) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
(7) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
[ 2019 c 172 s 4.]
NOTES:
Effective date—2019 c 172 ss 3, 4, and 10-15: See note following RCW 13.34.420.
PDFRCW 13.34.435
Washington state center for court research—Attorney-client privilege.
(1) The Washington state center for court research of the administrative office of the courts shall convene stakeholders, including youth and young adults, to identify the relevant outcome measures and data collection methods that appropriately protect attorney-client privilege to effectively assess:
(a) The number of youth for whom attorneys are appointed pursuant to RCW 13.34.212(3); and
(b) The short and longitudinal impact of standards-based legal representation on case outcomes including family reunification, number of placement changes, and placement with kin of appointment of standards-based representation disaggregated by race, ethnicity, age, disability status, sexual and gender identity, and geography.
(2) By November 30, 2022, and in compliance with RCW 43.01.036, the Washington state center for court research of the administrative office of the courts shall submit an annual report to the appropriate committees of the legislature and the governor outlining the outcome measures identified under this section.
[ 2021 c 210 s 8.]
NOTES:
Findings—Intent—2021 c 210: See note following RCW 13.34.090.
PDFRCW 13.34.440
Federal waivers.
Where feasible, the department of children, youth, and families shall apply for federal waivers that would reimburse the department for the cost of providing maintenance payments for relatives or other suitable persons caring for a child who have indicated a desire to become a licensed foster parent, provided that the person has received an initial license from the department.
[ 2021 c 211 s 11.]
NOTES:
Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.
PDFRCW 13.34.800
Drug-affected and alcohol-affected infants—Model project.
To the extent funds are appropriated, the department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances or abuse of alcohol by the mother during pregnancy. Within available funds, the project may be offered in one site in each of the three department's administrative regions that have the highest incidence of drug-affected or alcohol-affected infants annually. The project shall accept women referred to it by the department following the birth of a drug-affected or alcohol-affected infant. The model project shall be concluded by July 1, 2002.
[ 1998 c 314 s 30.]
NOTES:
Effective date—1998 c 314: "Sections 18 through 24, 26 through 28, 30 through 39, and 41 through 44 of this act take effect January 1, 1999." [ 1998 c 314 s 46.]
PDFRCW 13.34.801
Rules—Definition of "drug-affected infant."
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother's nonprescription use of controlled substances.
[ 1998 c 314 s 25.]
PDFRCW 13.34.802
Rules—Definition of "alcohol-affected infant."
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "alcohol-affected infant," which shall be limited to infants who are affected by a mother's abuse of alcohol.
[ 1998 c 314 s 29.]
PDFRCW 13.34.820
Permanency for dependent children—Annual report.
(1) The administrative office of the courts, in consultation with the attorney general's office and the department, shall compile an annual report, providing information about cases that fail to meet statutory guidelines to achieve permanency for dependent children.
(2) The administrative office of the courts shall submit the annual report required by this section to appropriate committees of the legislature by December 1st of each year, beginning on December 1, 2007. The administrative office of the courts shall also submit the annual report to a representative of the foster parent association of Washington state.
(3) The annual report shall include information regarding whether foster parents received timely notification of dependency hearings as required by RCW 13.34.096 and 13.34.145 and whether caregivers submitted reports to the court.
(4) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall, in consultation with others, identify measures of relational permanency and child well-being and shall report to the legislature by July 1, 2025, in compliance with RCW 43.01.036, the following information:
(a) A plan for reporting on child well-being and relational permanency;
(b) A plan for tracking and reporting on whether an order or portion of an order was agreed or contested, and if contested, by which party or parties;
(c) How to make such information publicly available;
(d) What can be reported using existing data;
(e) What additional information should be collected;
(f) What data-sharing agreements are necessary to ensure an accurate picture of the needs of families in the dependency system; and
(g) How many children in dependency have incarcerated parents.
(5) In making these determinations the administrative office of the courts must consult with representatives who have knowledge of data collection systems from the office of the superintendent of public instruction; the health care authority; the department of children, youth, and families; the department of social and health services; the department of corrections; tribal data experts; and any other entity holding relevant data or expertise.
(6) Consistent with RCW 13.50.280, to collect data necessary to evaluate the relational permanency and well-being of dependent children, the administrative office of the courts may execute data-sharing agreements with the office of the superintendent of public instruction, the health care authority, the department of children, youth, and families, the department of corrections, and the department of social and health services.
[ 2024 c 326 s 2; 2017 3rd sp.s. c 6 s 309; 2016 c 180 s 2; 2007 c 410 s 6.]
NOTES:
Implementation—2024 c 326: "Dependency courts should work to ensure the well-being of dependent children and to ensure that every young person who leaves foster care has relational permanency – meaning they have various long-term relationships that help them feel loved and connected. This includes relationships with siblings, parents, family members, extended family, family friends, mentors, tribes, and where appropriate, former foster family members.
Legal permanency, achieved through reunification, guardianship, or adoption is important, but it is not the only way to provide a sense of belonging and meaningful connections for young people. The federal children's bureau has cautioned that, legal permanence alone does not guarantee secure attachments and lifelong relationships. The relational aspects of permanency are critically important and fundamental to overall well-being, administration on children, youth and families, information memorandum ACYF-CB-IM-20-09, January 5, 2021. Relational permanency is one component of a child's overall well-being. Washington state's data collection should reflect the importance of both relational and legal permanency as well as child well-being." [ 2024 c 326 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 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.
Short title—2007 c 410: See note following RCW 13.34.138.
PDFRCW 13.34.830
Child protection and child welfare—Racial disproportionality—Evaluation—Report.
(1) Within amounts appropriated for this specific purpose, or within funding made available by private grant or contribution, the Washington state institute for public policy shall evaluate the department of social and health services' use of structured decision-making practices and implementation of the family team decision-making model to determine whether and how those child protection and child welfare efforts result in reducing disproportionate representation of African American, Native American, and Latino children in the state's child welfare system. The institute shall analyze the points in the system at which current data reflect the greatest levels of disproportionality. The institute shall report its findings to the legislature and the department of social and health services by September 1, 2010.
(2) If adequate funding is not made available through state appropriation or through private grant or contribution to simultaneously study the impact on racial disproportionality of both the structured decision-making process and family team decision-making model, the institute shall first study and report on the family team decision-making model. The department of social and health services and the Washington state institute for public policy jointly, shall:
(a) Promptly complete and execute a data-sharing agreement to comply with the department's confidential or records requirements and to provide the institute with data and other information necessary to conduct its evaluation; and
(b) Identify potential sources of private funding to supplement any state-appropriated amounts.
[ 2009 c 213 s 2.]
NOTES:
Findings—2009 c 213: "(1) The legislature finds that research conducted by the Washington state institute for public policy released in June 2008, demonstrates that racial disproportionality exists in Washington's child welfare system and that the greatest disproportionality occurs when the initial referral to child protective services is made and when the decision is made to place a child in out-of-home care. The institute's research also demonstrates that children of African American, Native American, and Latino families have disproportionately longer lengths of stay in foster care.
(2) The legislature finds further that the department of social and health services, in a December 2008 report issued pursuant to chapter 465, Laws of 2007, identified initial recommendations for remediation of racial disproportionality, including examining specific current child welfare practices, structured decision making and family team decision making, to determine whether and how these practices might result in reducing or eliminating racial disproportionality." [ 2009 c 213 s 1.]
PDFRCW 13.34.900
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 s 42.]
PDFRCW 13.34.901
Construction—Prevention services.
Nothing in this chapter may be construed to limit the department's authority to offer or provide prevention services or primary prevention services as defined in this chapter and chapter 74.13 RCW, respectively.
[ 2019 c 172 s 17.]
The legislature finds that a guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 RCW and who cannot safely be reunified with his or her parents. The legislature is concerned that parents not be pressured by the department into agreeing to the entry of a guardianship when further services would increase the chances that the child could be reunified with his or her parents. The legislature intends to create a separate guardianship chapter to establish permanency for children in foster care through the appointment of a guardian and dismissal of the dependency.
[ 2010 c 272 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means any individual under the age of eighteen years.
(2) "Department" means the department of children, youth, and families.
(3) "Dependent child" means a child who has been found by a court to be dependent in a proceeding under chapter 13.34 RCW.
(4) "Guardian" means a person who: (a) Has been appointed by the court as the guardian of a child in a legal proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to court order. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW for the purpose of assisting the court in supervising the dependency.
(5) "Relative" means a person related to the child in the following ways: (a) Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great; (b) stepfather, stepmother, stepbrother, and stepsister; (c) a person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; (d) spouses of any persons named in (a), (b), or (c) of this subsection, even after the marriage is terminated; (e) relatives, as named in (a), (b), (c), or (d) of this subsection, of any half sibling of the child; or (f) extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(6) "Suitable person" means a nonrelative with whom the child or the child's family has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child; and with whom the child has been placed pursuant to RCW 13.34.130.
(7) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.
[ 2017 3rd sp.s. c 6 s 419; 2017 3rd sp.s. c 6 s 310. Prior: 2010 c 272 s 2. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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.
(1) Any party to a dependency proceeding under chapter 13.34 RCW may request a guardianship be established for a dependent child by filing a petition in juvenile court under this chapter. All parties to the dependency and the proposed guardian must receive adequate notice of all proceedings under this chapter. Service of the notice and summons may be made under direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department employee. For purposes of this chapter, a dependent child age twelve years or older is a party to the proceedings. A proposed guardian has the right to intervene in proceedings under this chapter.
(2) To be designated as a proposed guardian in a petition under this chapter, a person must be age twenty-one or over and must meet the minimum requirements to care for children as established by the department under RCW 74.15.030, including but not limited to licensed foster parents, relatives, and suitable persons.
(3) Every petition filed in proceedings under this chapter shall contain: (a) 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 that act shall apply; (b) a statement alleging whether the federal servicemembers civil relief act of 2003, 50 U.S.C. Sec. 501 et seq. applies to the proceeding; and (c) a statement alleging whether the Washington service members' civil relief act, chapter 38.42 RCW, applies to the proceeding.
(4) Every order or decree entered in any proceeding under this chapter shall contain: (a) 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; (b) a finding that the federal servicemembers civil relief act of 2003 does or does not apply; and (c) a finding that the Washington service members' civil relief act, chapter 38.42 RCW, does or does not apply.
[ 2019 c 470 s 2; 2010 c 272 s 3. ]
(1) At the hearing on a guardianship petition, all parties have the right to present evidence and cross-examine witnesses. The rules of evidence apply to the conduct of the hearing. The hearing under this section to establish a guardianship or convert an existing dependency guardianship to a guardianship under this section is a stage of the dependency proceedings for purposes of RCW 13.34.090(2).
(2) A guardianship shall be established if:
(a) The court finds by a preponderance of the evidence that it is in the child's best interests to establish a guardianship, rather than to terminate the parent-child relationship and proceed with adoption, or to continue efforts to return custody of the child to the parent; and
(b) All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate, and capable of performing the duties of guardian under RCW 13.36.050; or
(c)(i) The child has been found to be a dependent child under RCW 13.34.030;
(ii) A dispositional order has been entered pursuant to RCW 13.34.130;
(iii) At the time of the hearing on the guardianship petition, the child has or will have been removed from the custody of the parent for at least six consecutive months following a finding of dependency under RCW 13.34.030;
(iv) The services ordered under RCW 13.34.130 and 13.34.136 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided;
(v) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and
(vi) The proposed guardian has signed a statement acknowledging the guardian's rights and responsibilities toward the child and affirming the guardian's understanding and acceptance that the guardianship is a commitment to provide care for the child until the child reaches age eighteen.
(3) The court may not establish a guardianship for a child who has no legal parent unless the court, in addition to making the required findings set forth in subsection (2) of this section, finds one or more exceptional circumstances exist and the benefits for the child of establishing the guardianship outweigh any potential disadvantage to the child of having no legal parent. Exceptional circumstances may include but are not limited to:
(a) The child has special needs and a suitable guardian is willing to accept custody and able to meet the needs of the child to an extent unlikely to be achieved through adoption; or
(b) The proposed guardian has demonstrated a commitment to provide for the long-term care of the child and: (i) Is a relative of the child; (ii) has been a long-term caregiver for the child and has acted as a parent figure to the child and is viewed by the child as a parent figure; or (iii) the child's family has identified the proposed guardian as the preferred guardian, and, if the child is age twelve years or older, the child also has identified the proposed guardian as the preferred guardian.
(4) Upon the request of a dependency guardian appointed under chapter 13.34 RCW and the department or supervising agency, the court shall convert a dependency guardianship established under chapter 13.34 RCW to a guardianship under this chapter.
[ 2010 c 272 s 4. ]
(1) If the court has made the findings required under RCW 13.36.040, the court shall issue an order establishing a guardianship for the child. If the guardian has not previously intervened, the guardian shall be made a party to the guardianship proceeding upon entry of the guardianship order. The order shall:
(a) Appoint a person to be the guardian for the child;
(b) Specify the guardian's rights and responsibilities concerning the care, custody, control, and nurturing of the child;
(c) Specify the guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency and type of contact between the parent or parents and the child, if applicable, and between the child and his or her siblings, if applicable; and
(e) Specify the need for and scope of continued oversight by the court, if any.
(2) The guardian shall maintain physical and legal custody of the child and have the following rights and duties under the guardianship:
(a) Duty to protect, nurture, discipline, and educate the child;
(b) Duty to provide food, clothing, shelter, education as required by law, and health care for the child, including but not limited to, medical, dental, mental health, psychological, and psychiatric care and treatment;
(c) Right to consent to health care for the child and sign a release authorizing the sharing of health care information with appropriate authorities, in accordance with state law;
(d) Right to consent to the child's participation in social and school activities; and
(e) Duty to notify the court of a change of address of the guardian and the child. Unless specifically ordered by the court, however, the standards and requirements for relocation in chapter 26.09 RCW do not apply to guardianships established under this chapter.
(3) If the child has independent funds or other valuable property under the control of the guardian, the guardian shall provide an annual written accounting, supported with appropriate documentation, to the court regarding receipt and expenditure by the guardian of any such funds or benefits. This subsection shall not be construed to require a guardian to account for any routine funds or benefits received from a public social service agency on behalf of the child.
(4) The guardianship shall remain in effect until the child reaches the age of eighteen years or until the court terminates the guardianship, whichever occurs sooner.
(5) Once the dependency has been dismissed pursuant to RCW 13.36.070, the court shall not order the department or other supervising agency to supervise or provide case management services to the guardian or the child as part of the guardianship order.
(6) The court shall issue a letter of guardianship to the guardian upon the entry of the court order establishing the guardianship under this chapter.
[ 2010 c 272 s 5. ]
(1) A guardian or a parent of the child may petition the court to modify the visitation provisions of a guardianship order by:
(a) Filing with the court a motion for modification and an affidavit setting forth facts supporting the requested modification; and
(b) Providing notice and a copy of the motion and affidavit to all other parties. The nonmoving parties may file and serve opposing affidavits.
(2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.
(3) If the court finds that a motion to modify a guardianship order has been brought in bad faith, the court may assess attorneys' fees and court costs of the nonmoving party against the moving party.
[ 2010 c 272 s 6. ]
(1) Any party to a guardianship proceeding may request termination of the guardianship by filing a petition and supporting affidavit alleging a substantial change has occurred in the circumstances of the child or the guardian and that the termination is necessary to serve the best interests of the child. The petition and affidavit must be served on the department or supervising agency and all parties to the guardianship.
(2) Except as provided in subsection (3) of this section, the court shall not terminate a guardianship unless it finds, upon the basis of facts that have arisen since the guardianship was established or that were unknown to the court at the time the guardianship was established, that a substantial change has occurred in the circumstances of the child or the guardian and that termination of the guardianship is necessary to serve the best interests of the child. The effect of a guardian's duties while serving in the military potentially impacting guardianship functions shall not, by itself, be a substantial change of circumstances justifying termination of a guardianship.
(3) The court may terminate a guardianship on the agreement of the guardian, the child, if the child is age twelve years or older, and a parent seeking to regain custody of the child if the court finds by a preponderance of the evidence and on the basis of facts that have arisen since the guardianship was established that:
(a) The parent has successfully corrected the parenting deficiencies identified by the court in the dependency action, and the circumstances of the parent have changed to such a degree that returning the child to the custody of the parent no longer creates a risk of harm to the child's health, welfare, and safety;
(b) The child, if age twelve years or older, agrees to termination of the guardianship and the return of custody to the parent; and
(c) Termination of the guardianship and return of custody of the child to the parent is in the child's best interests.
(4) Upon the entry of an order terminating a guardianship, the court shall enter an order:
(a) Granting the child's parent with legal and physical custody of the child;
(b) Granting a substitute guardian with legal and physical custody of the child; or
(c) Directing the child to be temporarily placed in the custody of the department for placement with a relative or other suitable person as defined in RCW 13.34.130(1)(b), if available, or in an appropriate licensed out-of-home placement, and directing that the department file a dependency petition on behalf of the child.
[ 2010 c 272 s 7. ]
In all proceedings to establish, modify, or terminate a guardianship order, the court shall appoint a guardian ad litem or attorney for the child. The court may appoint a guardian ad litem or attorney who represented the child in a prior proceeding under this chapter or under chapter 13.34 RCW, or may appoint an attorney to supersede an existing guardian ad litem.
[ 2010 c 272 s 8. ]
(1) Any guardian who is a foster parent licensed pursuant to RCW 74.15.030 at the time a guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child. The department may establish rules setting eligibility, application, and program standards consistent with applicable federal guidelines for expenditure of state and federal funds.
(2) A child is eligible for guardianship subsidies when:
(a) The child has been placed for at least six consecutive months with a guardian who has been licensed for at least six consecutive months; or
(b) The child is placed with a guardian who is already receiving a guardianship assistance subsidy for the benefit of the child's sibling.
(3) A child need not be eligible for federal foster care reimbursement in order to qualify for state-funded guardianship assistance payments.
(4) Nothing in this section shall be construed to create an entitlement to guardianship assistance subsidies.
[ 2023 c 221 s 1; 2010 c 272 s 9. ]
This chapter shall be known and cited as the "Washington state Indian child welfare act."
[ 2011 c 309 s 1. ]
This chapter shall apply in all child custody proceedings as that term is defined in this chapter. Whenever there is a conflict between chapter 13.32A, 13.34, 13.36, *26.10, or 26.33 RCW, the provisions of this chapter shall apply.
[ 2011 c 309 s 2. ]
NOTES:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170, effective July 1, 2022.
The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the children, or the interests of their tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the federal Indian child welfare act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the state is committed to a placement that reflects and honors the unique values of the child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's tribe and tribal community.
It is the intent of the legislature that this chapter is a step in clarifying existing laws and codifying existing policies and practices. This chapter shall not be construed to reject or eliminate current policies and practices that are not included in its provisions.
The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section 109 of the federal Indian child welfare act. The legislature finds that this chapter specifies the minimum requirements that must be applied in a child custody proceeding and does not prevent the department from providing a higher standard of protection to the right of any Indian child, parent, Indian custodian, or Indian child's tribe.
It is also the legislature's intent that the department's policy manual on Indian child welfare, the tribal-state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in the interpretation and implementation of the federal Indian child welfare act, this chapter, and other relevant state laws.
[ 2011 c 309 s 3. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Active efforts" means the following:
(a) In any foster care placement or termination of parental rights proceeding of an Indian child under chapter 13.34 RCW and this chapter where the department or a supervising agency as defined in *RCW 74.13.020 has a statutory or contractual duty to provide services to, or procure services for, the parent or parents or Indian custodian, or is providing services to a parent or parents or Indian custodian pursuant to a disposition order entered pursuant to RCW 13.34.130, the department or supervising agency shall make timely and diligent efforts to provide or procure such services, including engaging the parent or parents or Indian custodian in reasonably available and culturally appropriate preventive, remedial, or rehabilitative services. This shall include those services offered by tribes and Indian organizations whenever possible. At a minimum "active efforts" shall include:
(i) In any dependency proceeding under chapter 13.34 RCW seeking out-of-home placement of an Indian child in which the department or supervising agency provided voluntary services to the parent, parents, or Indian custodian prior to filing the dependency petition, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs to prevent the breakup of the family beyond simply providing referrals to such services.
(ii) In any dependency proceeding under chapter 13.34 RCW, in which the petitioner is seeking the continued out-of-home placement of an Indian child, the department or supervising agency must show to the court that it has actively worked with the parent, parents, or Indian custodian in accordance with existing court orders and the individual service plan to engage them in remedial services and rehabilitative programs to prevent the breakup of the family beyond simply providing referrals to such services.
(iii) In any termination of parental rights proceeding regarding an Indian child under chapter 13.34 RCW in which the department or supervising agency provided services to the parent, parents, or Indian custodian, a showing to the court that the department or supervising agency social workers actively worked with the parent, parents, or Indian custodian to engage them in remedial services and rehabilitation programs ordered by the court or identified in the department or supervising agency's individual service and safety plan beyond simply providing referrals to such services.
(b) In any foster care placement or termination of parental rights proceeding in which the petitioner does not otherwise have a statutory or contractual duty to directly provide services to, or procure services for, the parent or Indian custodian, "active efforts" means a documented, concerted, and good faith effort to facilitate the parent's or Indian custodian's receipt of and engagement in services capable of meeting the criteria set out in (a) of this subsection.
(2) "Best interests of the Indian child" means the use of practices in accordance with the federal Indian child welfare act, this chapter, and other applicable law, that are designed to accomplish the following: (a) Protect the safety, well-being, development, and stability of the Indian child; (b) prevent the unnecessary out-of-home placement of the Indian child; (c) acknowledge the right of Indian tribes to maintain their existence and integrity which will promote the stability and security of their children and families; (d) recognize the value to the Indian child of establishing, developing, or maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community; and (e) in a proceeding under this chapter where out-of-home placement is necessary, to prioritize placement of the Indian child in accordance with the placement preferences of this chapter.
(3) "Child custody proceeding" includes:
(a) "Foster care placement" which means any action removing an Indian child from his or her parent or Indian custodian for temporary placement in a foster home, institution, or with a relative, guardian, conservator, or suitable other person where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;
(b) "Termination of parental rights" which means any action resulting in the termination of the parent-child relationship;
(c) "Preadoptive placement" which means the temporary placement of an Indian child in a foster home or institution after the termination of parental rights but before or in lieu of adoptive placement; and
(d) "Adoptive placement" which means the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.
These terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime or upon an award, in a dissolution proceeding of custody to one of the parents.
(4) "Court of competent jurisdiction" means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.
(5) "Department" means the department of children, youth, and families and any of its divisions. "Department" also includes supervising agencies as defined in *RCW 74.13.020 with which the department entered into a contract to provide services, care, placement, case management, contract monitoring, or supervision to children subject to a petition filed under chapter 13.34 or 26.33 RCW.
(6) "Indian" means a person who is a member of an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in 43 U.S.C. Sec. 1606.
(7) "Indian child" means an unmarried and unemancipated Indian person who is under eighteen years of age and is either: (a) A member of an Indian tribe; or (b) eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
(8) "Indian child's family" or "extended family member" means an individual, defined by the law or custom of the child's tribe, as a relative of the child. If the child's tribe does not identify such individuals by law or custom, the term means an adult who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent, even following termination of the marriage.
(9) "Indian child's tribe" means a tribe in which an Indian child is a member or eligible for membership.
(10) "Indian custodian" means an Indian person who under tribal law, tribal custom, or state law has legal or temporary physical custody of an Indian child, or to whom the parent has transferred temporary care, physical custody, and control of an Indian child.
(11) "Indian tribe" or "tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including any Alaska native village as defined in 43 U.S.C. Sec. 1602(c).
(12) "Member" and "membership" means a determination by an Indian tribe that a person is a member or eligible for membership in that Indian tribe.
(13) "Parent" means a biological parent or parents of an Indian child or a person who has lawfully adopted an Indian child, including adoptions made under tribal law or custom. "Parent" does not include a person whose parentage has not been acknowledged or established under chapter 26.26A RCW or the applicable laws of other states.
(14) "Secretary of the interior" means the secretary of the United States department of the interior.
(15) "Tribal court" means a court or body vested by an Indian tribe with jurisdiction over child custody proceedings, including but not limited to a federal court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or an administrative body of an Indian tribe vested with authority over child custody proceedings.
(16) "Tribal customary adoption" means adoption or other process through the tribal custom, traditions, or laws of an Indian child's tribe by which the Indian child is permanently placed with a nonparent and through which the nonparent is vested with the rights, privileges, and obligations of a legal parent. Termination of the parent-child relationship between the Indian child and the biological parent is not required to effect or recognize a tribal customary adoption.
[ 2019 c 46 s 5018; 2017 3rd sp.s. c 6 s 311; 2011 c 309 s 4. ]
NOTES:
*Reviser's note: RCW 74.13.020 was amended by 2018 c 284 s 36, deleting the definition of "supervising agency."
Effective date—2017 3rd sp.s. c 6 ss 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.
Any party seeking the foster care placement of, termination of parental rights over, or the adoption of a child must make a good faith effort to determine whether the child is an Indian child. This shall be done by consultation with the child's parent or parents, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe to determine if the child is an Indian child, and by contacting any Indian tribe in which the child may be a member or may be eligible for membership. Preliminary contacts for the purpose of making a good faith effort to determine a child's possible Indian status , do not constitute legal notice as required by RCW 13.38.070.
[ 2011 c 309 s 5. ]
(1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction, or the state is exercising emergency jurisdiction in strict compliance with RCW 13.38.140.
(2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction, notwithstanding the residence or domicile of the child.
[ 2011 c 309 s 6. ]
(1) In any involuntary child custody proceeding seeking the foster care placement of, or the termination of parental rights to, a child in which the petitioning party or the court knows, or has reason to know, that the child is or may be an Indian child as defined in this chapter, the petitioning party shall notify the parent or Indian custodian and the Indian child's tribe or tribes, by certified mail, return receipt requested, and by use of a mandatory Indian child welfare act notice addressed to the tribal agent designated by the Indian child's tribe or tribes for receipt of Indian child welfare act notice, as published by the bureau of Indian affairs in the federal register. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the secretary of the interior by registered mail, return receipt requested, in accordance with the regulations of the bureau of Indian affairs. The secretary of the interior has fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe. The parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for the proceeding.
(2) The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interests of the Indian child and protect the interests of the child's tribe.
(3)(a) A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is an Indian child;
(b) A written determination by an Indian tribe that a child is not a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is not a member or eligible for membership in that tribe. Such determinations are presumptively those of the tribe where submitted in the form of a tribal resolution, or signed by or testified to by the person(s) authorized by the tribe's governing body to speak for the tribe, or by the tribe's agent designated to receive notice under the federal Indian child welfare act where such designation is published in the federal register;
(c) Where a tribe provides no response to notice under RCW 13.38.070, such nonresponse shall not constitute evidence that the child is not a member or eligible for membership. Provided, however, that under such circumstances the party asserting application of the federal Indian child welfare act, or this chapter, will have the burden of proving by a preponderance of the evidence that the child is an Indian child.
(4)(a) Where a child has been determined not to be an Indian child, any party to the proceeding, or an Indian tribe that subsequently determines the child is a member, may, during the pendency of any child custody proceeding to which this chapter or the federal Indian child welfare act applies, move the court for redetermination of the child's Indian status based upon new evidence, redetermination by the child's tribe, or newly conferred federal recognition of the tribe.
(b) This subsection (4) does not affect the rights afforded under 25 U.S.C. Sec. 1914.
[ 2017 c 269 s 1; 2011 c 309 s 7. ]
(1) In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe, upon the motion of any of the following persons:
(a) Either of the child's parents;
(b) The child's Indian custodian;
(c) The child's tribe; or
(d) The child, if age twelve or older.
The transfer shall be subject to declination by the tribe. The tribe shall have seventy-five days to affirmatively respond to a motion or order transferring jurisdiction to the tribal court. A failure of the tribe to respond within the seventy-five day period shall be construed as a declination to accept transfer of the case.
(2) If the child's tribe has not formally intervened, the moving party shall serve a copy of the motion and all supporting documents on the tribal court to which the moving party seeks transfer.
(3) If either of the Indian child's parents objects to transfer of the proceeding to the Indian child's tribe, the court shall not transfer the proceeding.
(4) Following entry of an order transferring jurisdiction to the Indian child's tribe:
(a) Upon receipt of an order from a tribal court accepting jurisdiction, the state court shall dismiss the child custody proceeding without prejudice.
(b) Pending receipt of such tribal court order, the state court may conduct additional hearings and enter orders which strictly comply with the requirements of the federal Indian child welfare act and this chapter. The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction.
(c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement.
[ 2011 c 309 s 8. ]
The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child.
[ 2011 c 309 s 9. ]
The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings.
[ 2011 c 309 s 10. ]
In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that the appointment is in the best interests of the Indian child.
[ 2011 c 309 s 11. ]
Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based.
[ 2011 c 309 s 12. ]
(1) A party seeking to effect an involuntary foster care placement of or the involuntary termination of parental rights to an Indian child shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
(2) No involuntary foster care placement may be ordered in a child custody proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For purposes of this subsection, any harm that may result from interfering with the bond or attachment between the foster parent and the child shall not be the sole basis or primary reason for continuing the child in foster care.
(3) No involuntary termination of parental rights may be ordered in a child custody proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For the purposes of this subsection, any harm that may result from interfering with the bond or attachment that may have formed between the child and a foster care provider shall not be the sole basis or primary reason for termination of parental rights over an Indian child.
(4)(a) For purposes of this section, "qualified expert witness" means a person who provides testimony in a proceeding under this chapter to assist a court in the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child. In any proceeding in which the child's Indian tribe has intervened pursuant to RCW 13.38.090 or, if the department is the petitioner and the Indian child's tribe has entered into a local agreement with the department for the provision of child welfare services, the petitioner shall contact the tribe and ask the tribe to identify a tribal member or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices. The petitioner shall notify the child's Indian tribe of the need to provide a "qualified expert witness" at least twenty days prior to any evidentiary hearing in which the testimony of the witness will be required. If the child's Indian tribe does not identify a "qualified expert witness" for the proceeding on a timely basis, the petitioner may proceed to identify such a witness pursuant to (b) of this subsection.
(b) In any proceeding in which the child's Indian tribe has not intervened or entered into a local agreement with the department for the provision of child welfare services, or a child's Indian tribe has not responded to a request to identify a "qualified expert witness" for the proceeding on a timely basis, the petitioner shall provide a "qualified expert witness" who meets one or more of the following requirements in descending order of preference:
(i) A member of the child's Indian tribe or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices for this purpose;
(ii) Any person having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe;
(iii) Any person having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the Indian child's tribe; or
(iv) A professional person having substantial education and experience in the area of his or her specialty.
(c) When the petitioner is the department or a supervising agency, the currently assigned department or agency caseworker or the caseworker's supervisor may not testify as a "qualified expert witness" for purposes of this section. Nothing in this section shall bar the assigned department or agency caseworker or the caseworker's supervisor from testifying as an expert witness for other purposes in a proceeding under this chapter. Nothing in this section shall bar other department or supervising agency employees with appropriate expert qualifications or experience from testifying as a "qualified expert witness" in a proceeding under this chapter. Nothing in this section shall bar the petitioner or any other party in a proceeding under this chapter from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court including the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child.
[ 2011 c 309 s 13. ]
(1) Notwithstanding any other provision of federal or state law, nothing shall be construed to prevent the department or law enforcement from the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the child.
(2) The department or law enforcement agency shall ensure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the federal Indian child welfare act and this chapter to transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the child's parent or Indian custodian, if appropriate.
(3) When the nature of the emergency allows, the department must notify the child's tribe before the removal has occurred. If prior notification is not possible, the department shall notify the child's tribe by the quickest means possible. The notice must contain the basis for the Indian child's removal, the time, date, and place of the initial hearing, and the tribe's right to intervene and participate in the proceeding. This notice shall not constitute the notice required under RCW 13.38.070 for purposes of subsequent dependency, termination of parental rights, or adoption proceedings.
[ 2011 c 309 s 14. ]
(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent is not valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court must also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid.
(2) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian.
(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the child shall be returned to the parent.
(4) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress. Upon a finding that such consent was obtained through fraud or duress the court shall vacate the decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under this section unless otherwise allowed by state law.
[ 2011 c 309 s 15. ]
If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.
[ 2011 c 309 s 16. ]
(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to their custody and the court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or prior Indian custodian is not in the best interests of the Indian child.
(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
[ 2011 c 309 s 17. ]
(1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, a good faith effort will be made to place the Indian child:
(a) In the least restrictive setting;
(b) Which most approximates a family situation;
(c) Which is in reasonable proximity to the Indian child's home; and
(d) In which the Indian child's special needs, if any, will be met.
(2) In any foster care or preadoptive placement, a preference shall be given, in absence of good cause to the contrary, to the child's placement with one of the following:
(a) A member of the child's extended family;
(b) A foster home licensed, approved, or specified by the child's tribe;
(c) An Indian foster home licensed or approved by an authorized non-Indian licensing authority;
(d) A child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs;
(e) A non-Indian child foster care agency approved by the child's tribe;
(f) A non-Indian family that is committed to:
(i) Promoting and allowing appropriate extended family visitation;
(ii) Establishing, maintaining, and strengthening the child's relationship with his or her tribe or tribes; and
(iii) Participating in the cultural and ceremonial events of the child's tribe.
(3) In the absence of good cause to the contrary, any adoptive or other permanent placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order:
(a) Extended family members;
(b) An Indian family of the same tribe as the child;
(c) An Indian family that is of a similar culture to the child's tribe;
(d) Another Indian family; or
(e) Any other family which can provide a suitable home for an Indian child, such suitability to be determined in consultation with the Indian child's tribe or, in proceedings under chapter 13.34 RCW where the Indian child is in the custody of the department or a supervising agency and the Indian child's tribe has not intervened or participated, the local Indian child welfare advisory committee.
(4) Notwithstanding the placement preferences listed in subsections (2) and (3) of this section, if a different order of placement preference is established by the child's tribe, the court or agency effecting the placement shall follow the order of preference established by the tribe so long as the placement is in the least restrictive setting appropriate to the particular needs of the child.
(5) Where appropriate, the preference of the Indian child or his or her parent shall be considered by the court. Where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.
(6) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties.
(7) Nothing in this section shall prevent the department or the court from placing the child with a parent to effectuate a permanent plan regardless of the parent's relationship to the child's tribe.
[ 2011 c 309 s 18. ]
(1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this chapter. These standards and procedures and the monitoring methods shall also be integrated into the department's child welfare contracting and contract monitoring process.
(2) Nothing in this chapter shall affect, impair, or limit rights or remedies provided to any party under the federal Indian child welfare act, 25 U.S.C. Sec. 1914.
[ 2011 c 309 s 19. ]
(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.
(2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or her criminal behavior;
(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have committed an offense;
(f) Provide for the rehabilitation and reintegration of juvenile offenders;
(g) Provide necessary treatment, supervision, and custody for juvenile offenders;
(h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;
(i) Provide for restitution to victims of crime;
(j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;
(k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services;
(l) Provide opportunities for victim participation in juvenile justice process, including court hearings on juvenile offender matters, and ensure that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and
(m) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.
[ 2016 c 136 s 1; 2004 c 120 s 1; 1997 c 338 s 8; 1992 c 205 s 101; 1977 ex.s. c 291 s 55. ]
NOTES:
Effective date—2004 c 120: "This act takes effect July 1, 2004." [ 2004 c 120 s 11.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—1992 c 205: "Part headings as used in this act do not constitute any part of the law." [ 1992 c 205 s 405.]
Severability—1992 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 205 s 406.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
For the purposes of this chapter:
(1) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders, and recommendations for treatment. "Assessment" includes, but is not limited to, drug and alcohol evaluations, psychological and psychiatric evaluations, records review, clinical interview, and administration of a formal test or instrument;
(2) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling including an intake appointment, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services including, when appropriate, restorative justice programs; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(3) "Community-based sanctions" may include community restitution not to exceed 150 hours of community restitution;
(4) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;
(5) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(e) Residential treatment, where substance abuse, mental health, and/or co-occurring disorders have been identified in an assessment by a qualified mental health professional, psychologist, psychiatrist, co-occurring disorder specialist, or substance use disorder professional and a funded bed is available. If a child agrees to voluntary placement in a state-funded long-term evaluation and treatment facility, the case must follow the existing placement procedure including consideration of less restrictive treatment options and medical necessity.
(i) A court may order residential treatment after consideration and findings regarding whether:
(A) The referral is necessary to rehabilitate the child;
(B) The referral is necessary to protect the public or the child;
(C) The referral is in the child's best interest;
(D) The child has been given the opportunity to engage in less restrictive treatment and has been unable or unwilling to comply; and
(E) Inpatient treatment is the least restrictive action consistent with the child's needs and circumstances.
(ii) In any case where a court orders a child to inpatient treatment under this section, the court must hold a review hearing no later than 60 days after the youth begins inpatient treatment, and every 30 days thereafter, as long as the youth is in inpatient treatment;
(6) "Community transition services" means a therapeutic and supportive community-based custody option in which:
(a) A person serves a portion of their term of confinement residing in the community, outside of department institutions and community facilities;
(b) The department supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location;
(c) The department provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and
(d) The department prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race, ethnicity, sexual identity, and gender identity;
(7) "Confinement" means physical custody by the department of children, youth, and families in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than 31 days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(8) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense, the allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history. A successfully completed diversion under RCW 13.40.080 may not be considered part of the respondent's criminal history;
(10) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody;
(11) "Department" means the department of children, youth, and families;
(12) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(13) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(14) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(15) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(16) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
(17) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of 18 years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;
(18) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person 18 years of age or older over whom the juvenile court has jurisdiction under RCW 13.40.300;
(19) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;
(20) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; or (c) 0-150 hours of community restitution;
(21) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(22) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(23) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(24) "Physical restraint" means the use of any bodily force or physical intervention to control a juvenile offender or limit a juvenile offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide a juvenile offender from one location to another;
(25) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the youth leaves the hospital, birthing center, or clinic;
(26) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
(27) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(28) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(29) "Restorative justice" means practices, policies, and programs informed by and sensitive to the needs of crime victims that are designed to encourage offenders to accept responsibility for repairing the harm caused by their offense by providing safe and supportive opportunities for voluntary participation and communication between the victim, the offender, their families, and relevant community members;
(30) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;
(31) "Risk assessment tool" means the statistically valid tool used by the department to inform release or placement decisions related to security level, release within the sentencing range, community facility eligibility, community transition services eligibility, and parole. The "risk assessment tool" is used by the department to predict the likelihood of successful reentry and future criminal behavior;
(32) "Screening" means a process that is designed to identify a child who is at risk of having mental health, substance abuse, or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention, or more comprehensive assessment. A screening may be undertaken with or without the administration of a formal instrument;
(33) "Secretary" means the secretary of the department;
(34) "Services" means services, including restorative justice, which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(35) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(36) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of the respondent's sexual gratification;
(37) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;
(38) "Transportation" means the conveying, by any means, of an incarcerated pregnant youth from the institution or detention facility to another location from the moment she leaves the institution or detention facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated youth from the institution or detention facility to a transport vehicle and from the vehicle to the other location;
(39) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(40) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
(41) "Youth court" means a diversion unit under the supervision of the juvenile court.
[ 2025 c 140 s 2; 2024 c 117 s 4; 2023 c 449 s 16; 2023 c 449 s 15. Prior: 2021 c 328 s 5; 2021 c 206 s 3; 2019 c 444 s 9; 2018 c 82 s 3; (2018 c 82 s 2 expired July 1, 2019); 2017 3rd sp.s. c 6 s 605; prior: 2016 c 136 s 2; 2016 c 106 s 1; 2014 c 110 s 1; 2012 c 201 s 1; 2010 c 181 s 10; 2009 c 454 s 2; 2004 c 120 s 2; prior: 2002 c 237 s 7; 2002 c 175 s 19; 1997 c 338 s 10; (1997 c 338 s 9 expired July 1, 1998); prior: 1995 c 395 s 2; 1995 c 134 s 1; prior: 1994 sp.s. c 7 s 520; 1994 c 271 s 803; 1994 c 261 s 18; 1993 c 373 s 1; 1990 1st ex.s. c 12 s 1; 1990 c 3 s 301; 1989 c 407 s 1; 1988 c 145 s 17; 1983 c 191 s 7; 1981 c 299 s 2; 1979 c 155 s 54; 1977 ex.s. c 291 s 56. ]
NOTES:
Findings—Intent—2025 c 140: See note following RCW 13.40.080.
Application—2024 c 117: See note following RCW 13.40.300.
Contingent expiration date—2023 c 449 s 16: "Section 16 of this act expires when section 15 of this act takes effect." [ 2023 c 449 s 25.]
Contingent effective date—2023 c 449 s 15: "Section 15 of this act takes effect when section 3, chapter 206, Laws of 2021 takes effect." [ 2023 c 449 s 24.]
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2021 c 328: See note following RCW 13.40.740.
Contingent effective date—Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
Effective date—2018 c 82 s 3: "Section 3 of this act takes effect July 1, 2019." [ 2018 c 82 s 7.]
Expiration date—2018 c 82 s 2: "Section 2 of this act expires July 1, 2019." [ 2018 c 82 s 6.]
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Alphabetization of definitions—1997 c 338: "The code reviser shall alphabetize the definitions in RCW 13.40.020 and correct any references." [ 1997 c 338 s 71.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Severability—1993 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 373 s 3.]
Effective date—1990 1st ex.s. c 12: "This act shall take effect July 1, 1990." [ 1990 1st ex.s. c 12 s 5.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.
(2) The permissible ranges of confinement resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:
(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and
(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.
[ 2003 c 207 s 5; 1996 c 232 s 5; 1989 c 407 s 3; 1985 c 73 s 1; 1983 c 191 s 6; 1981 c 299 s 5; 1979 c 155 s 55; 1977 ex.s. c 291 s 57. ]
NOTES:
Effective dates—1996 c 232: "(1) Sections 1 through 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 28, 1996].
(2) Section 9 of this act takes effect July 1, 1996." [ 1996 c 232 s 12.]
Legislative ratification—1989 c 271: "The legislature ratifies the juvenile disposition standards commission guidelines submitted to the 1989 legislature and endorses the action to increase penalties for juvenile drug offenders." [ 1989 c 271 s 602.]
Effective date—1985 c 73: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [ 1985 c 73 s 3.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
The sentencing guidelines and prosecuting standards apply equally to juvenile offenders in all parts of the state, without discrimination as to any element that does not relate to the crime or the previous record of the offender.
[ 1989 c 407 s 5. ]
| DESCRIPTION AND OFFENSE CATEGORY | | | | | --- | --- | --- | --- | | juvenile disposition offense category | description (rcw citation) | juvenile disposition category for attempt, bailjump, conspiracy, or solicitation | | | | Arson and Malicious Mischief | | | | | A | Arson 1 (9A.48.020) | B+ | | | B | Arson 2 (9A.48.030) | C | | | C | Reckless Burning 1 (9A.48.040) | D | | | D | Reckless Burning 2 (9A.48.050) | E | | | B | Malicious Mischief 1 (9A.48.070) | C | | | C | Malicious Mischief 2 (9A.48.080) | D | | | D | Malicious Mischief 3 (9A.48.090) | E | | | E | Tampering with Fire Alarm Apparatus (9.40.100) | E | | | E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | | | A | Possession of Incendiary Device (9.40.120) | B+ | | | | Assault and Other Crimes Involving Physical Harm | | | | A | Assault 1 (9A.36.011) | B+ | | | B+ | Assault 2 (9A.36.021) | C+ | | | C+ | Assault 3 (9A.36.031) | D+ | | | D+ | Assault 4 (9A.36.041) | E | | | B+ | Drive-By Shooting (9A.36.045) committed at age 15 or under | C+ | | | A++ | Drive-By Shooting (9A.36.045) committed at age 16 or 17 | A | | | D+ | Reckless Endangerment (9A.36.050) | E | | | C+ | Promoting Suicide Attempt (9A.36.060) | D+ | | | D+ | Coercion (9A.36.070) | E | | | C+ | Custodial Assault (9A.36.100) | D+ | | | | Burglary and Trespass | | | | B+ | Burglary 1 (9A.52.020) committed at age 15 or under | C+ | | | A- | Burglary 1 (9A.52.020) committed at age 16 or 17 | B+ | | | B | Residential Burglary (9A.52.025) | C | | | B | Burglary 2 (9A.52.030) | C | | | D | Burglary Tools (Possession of) (9A.52.060) | E | | | D | Criminal Trespass 1 (9A.52.070) | E | | | E | Criminal Trespass 2 (9A.52.080) | E | | | C | Mineral Trespass (78.44.330) | C | | | C | Vehicle Prowling 1 (9A.52.095) | D | | | D | Vehicle Prowling 2 (9A.52.100) | E | | | | Drugs | | | | E | Possession/Consumption of Alcohol (66.44.270) | E | | | C | Illegally Obtaining Legend Drug (69.41.020) | D | | | C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | | | E | Possession of Legend Drug (69.41.030(2)(b)) | E | | | B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | | | C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | | | E | Possession of Cannabis <40 grams (69.50.4014) | E | | | C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | | | C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | | | E | Unlawful Inhalation (9.47A.020) | E | | | B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | | | C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | | | E | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | E | | | C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012) | C | | | | Firearms and Weapons | | | | B | Theft of Firearm (9A.56.300) | C | | | B | Possession of Stolen Firearm (9A.56.310) | C | | | E | Carrying Loaded Pistol Without Permit (9.41.050) | E | | | C | Possession of Firearms by Minor (<18) (9.41.040(2)(a) (v)) | C | | | D+ | Possession of Dangerous Weapon (9.41.250) | E | | | D | Intimidating Another Person by use of Weapon (9.41.270) | E | | | | Homicide | | | | A+ | Murder 1 (9A.32.030) | A | | | A+ | Murder 2 (9A.32.050) | B+ | | | B+ | Manslaughter 1 (9A.32.060) | C+ | | | C+ | Manslaughter 2 (9A.32.070) | D+ | | | B+ | Vehicular Homicide (46.61.520) | C+ | | | | Kidnapping | | | | A | Kidnap 1 (9A.40.020) | B+ | | | B+ | Kidnap 2 (9A.40.030) | C+ | | | C+ | Unlawful Imprisonment (9A.40.040) | D+ | | | | Obstructing Governmental Operation | | | | D | Obstructing a Law Enforcement Officer (9A.76.020) | E | | | E | Resisting Arrest (9A.76.040) | E | | | B | Introducing Contraband 1 (9A.76.140) | C | | | C | Introducing Contraband 2 (9A.76.150) | D | | | E | Introducing Contraband 3 (9A.76.160) | E | | | B+ | Intimidating a Public Servant (9A.76.180) | C+ | | | B+ | Intimidating a Witness (9A.72.110) | C+ | | | | Public Disturbance | | | | C+ | Criminal Mischief with Weapon (9A.84.010(2)(b)) | D+ | | | D+ | Criminal Mischief Without Weapon (9A.84.010(2)(a)) | E | | | E | Failure to Disperse (9A.84.020) | E | | | E | Disorderly Conduct (9A.84.030) | E | | | | Sex Crimes | | | | A | Rape 1 (9A.44.040) | B+ | | | B++ | Rape 2 (9A.44.050) committed at age 14 or under | B+ | | | A- | Rape 2 (9A.44.050) committed at age 15 through age 17 | B+ | | | C+ | Rape 3 (9A.44.060) | D+ | | | B++ | Rape of a Child 1 (9A.44.073) committed at age 14 or under | B+ | | | A- | Rape of a Child 1 (9A.44.073) committed at age 15 | B+ | | | B+ | Rape of a Child 2 (9A.44.076) | C+ | | | B | Incest 1 (9A.64.020(1)) | C | | | C | Incest 2 (9A.64.020(2)) | D | | | D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | | | E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | | | B+ | Promoting Prostitution 1 (9A.88.070) | C+ | | | C+ | Promoting Prostitution 2 (9A.88.080) | D+ | | | E | O & A (Prostitution) (9A.88.030) | E | | | B+ | Indecent Liberties (9A.44.100) | C+ | | | B++ | Child Molestation 1 (9A.44.083) committed at age 14 or under | B+ | | | A- | Child Molestation 1 (9A.44.083) committed at age 15 through age 17 | B+ | | | B | Child Molestation 2 (9A.44.086) | C+ | | | C | Failure to Register as a Sex Offender (9A.44.132) | D | | | | Theft, Robbery, Extortion, and Forgery | | | | B | Theft 1 (9A.56.030) | C | | | C | Theft 2 (9A.56.040) | D | | | D | Theft 3 (9A.56.050) | E | | | B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | | | C | Forgery (9A.60.020) | D | | | A | Robbery 1 (9A.56.200) committed at age 15 or under | B+ | | | A++ | Robbery 1 (9A.56.200) committed at age 16 or 17 | A | | | B+ | Robbery 2 (9A.56.210) | C+ | | | B+ | Extortion 1 (9A.56.120) | C+ | | | C+ | Extortion 2 (9A.56.130) | D+ | | | C | Identity Theft 1 (9.35.020(2)) | D | | | D | Identity Theft 2 (9.35.020(3)) | E | | | D | Improperly Obtaining Financial Information (9.35.010) | E | | | B | Possession of a Stolen Vehicle (9A.56.068) | C | | | B | Possession of Stolen Property 1 (9A.56.150) | C | | | C | Possession of Stolen Property 2 (9A.56.160) | D | | | D | Possession of Stolen Property 3 (9A.56.170) | E | | | B | Taking Motor Vehicle Without Permission 1 (9A.56.070) | C | | | C | Taking Motor Vehicle Without Permission 2 (9A.56.075) | D | | | B | Theft of a Motor Vehicle (9A.56.065) | C | | | | Motor Vehicle Related Crimes | | | | E | Driving Without a License (46.20.005) | E | | | B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | | | C | Hit and Run - Injury (46.52.020(4)(b)) | D | | | D | Hit and Run-Attended (46.52.020(5)) | E | | | E | Hit and Run-Unattended (46.52.010) | E | | | C | Vehicular Assault (46.61.522) | D | | | C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | | | E | Reckless Driving (46.61.500) | E | | | D | Driving While Under the Influence (46.61.502 and 46.61.504) | E | | | B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | | | B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B | | | | Other | | | | B | Animal Cruelty 1 (16.52.205) | C | | | B | Bomb Threat (9.61.160) | C | | | C | Escape 11 (9A.76.110) | C | | | C | Escape 21 (9A.76.120) | C | | | D | Escape 3 (9A.76.130) | E | | | E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | | | A | Other Offense Equivalent to an Adult Class A Felony | B+ | | | B | Other Offense Equivalent to an Adult Class B Felony | C | | | C | Other Offense Equivalent to an Adult Class C Felony | D | | | D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | | | E | Other Offense Equivalent to an Adult Misdemeanor | E | | | V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V |
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 28 days confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
| | | OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | | | | | | --- | --- | --- | --- | --- | --- | --- | | | A++ | 129 to 260 weeks for all category A++ offenses | | | | | | | A+ | 180 weeks to age 21 for all category A+ offenses | | | | | | | A | 103-129 weeks for all category A offenses | | | | | | | A- | 30-40 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks | | | B++ | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks | | CURRENT | B+ | 15-36 weeks | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks | | OFFENSE | B | LS | LS | 15-36 weeks | 15-36 weeks | 52-65 weeks | | CATEGORY | C+ | LS | LS | LS | 15-36 weeks | 15-36 weeks | | | C | LS | LS | LS | LS | 15-36 weeks | | | D+ | LS | LS | LS | LS | LS | | | D | LS | LS | LS | LS | LS | | | E | LS | LS | LS | LS | LS | | PRIOR | 0 | 1 | 2 | 3 | 4 or more | | | ADJUDICATIONS | | | | | | |
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
(a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
(b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender:
(a) Is adjudicated of an A+ or A++ offense;
(b) Is fourteen years of age or older and is adjudicated of one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060);
(iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or manslaughter 2 (RCW 9A.32.070); or
(iv) Violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b)), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
(c) Is ordered to serve a disposition for a firearm violation under RCW 13.40.193;
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; or
(e) Has a prior option B disposition.
OR
OPTION C
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed a B++ or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
[ 2023 c 295 s 8. Prior: 2022 c 268 s 37; (2022 c 268 s 36 expired July 1, 2023); 2022 c 16 s 9; (2022 c 16 s 8 expired July 1, 2023); 2021 c 311 s 16; 2020 c 18 s 8; 2019 c 322 s 8; 2018 c 162 s 3; 2016 c 106 s 2; 2013 c 20 s 2; 2012 c 177 s 4; prior: 2008 c 230 s 3; 2008 c 158 s 1; 2007 c 199 s 11; 2006 c 73 s 14; 2004 c 117 s 1; prior: 2003 c 378 s 2; 2003 c 335 s 6; 2003 c 53 s 97; prior: 2002 c 324 s 3; 2002 c 175 s 20; 2001 c 217 s 13; 2000 c 66 s 3; 1998 c 290 s 5; prior: 1997 c 338 s 12; (1997 c 338 s 11 expired July 1, 1998); 1997 c 66 s 6; 1996 c 205 s 6; 1995 c 395 s 3; 1994 sp.s. c 7 s 522; 1989 c 407 s 7. ]
NOTES:
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Expiration date—2022 c 268 s 36: "Section 36 of this act expires July 1, 2023." [ 2022 c 268 s 48.]
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date—2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Effective date—2013 c 20: See note following RCW 9A.84.010.
Delayed effective date—2008 c 230 ss 1-3: See note following RCW 9A.44.130.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2004 c 117: "This act takes effect July 1, 2004." [ 2004 c 117 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Application—Effective date—Severability—1998 c 290: See notes following RCW 69.50.401.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: "The legislature finds it critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and reduction of recidivism.
To accomplish this evaluation, the Washington state institute for public policy shall conduct a study of the sentencing revisions. The study shall: (1) Be conducted starting January 1, 2001; (2) examine whether the revisions have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions; and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders.
The institute shall report the results of the study to the governor and legislature not later than July 1, 2002." [ 1997 c 338 s 59.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
(1) It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW.
(2) The counties shall develop and implement detention intake standards and risk assessment standards to determine whether detention is warranted, whether the juvenile is developmentally disabled, and if detention is warranted, whether the juvenile should be placed in secure, nonsecure, or home detention to implement the goals of this section.
(3) Inability to pay for a less restrictive detention placement shall not be a basis for denying a respondent a less restrictive placement in the community.
(4) The assessment standards to determine whether a juvenile entering detention is developmentally disabled must be developed and implemented no later than December 31, 2012.
[ 2012 c 120 s 1; 1992 c 205 s 105; 1986 c 288 s 7. ]
NOTES:
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Severability—1986 c 288: See note following RCW 43.185C.260.
(1) A juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or
(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or
(c) Pursuant to a court order that the juvenile be held as a material witness; or
(d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there is probable cause to believe that:
(a) The juvenile has committed an offense or has violated the terms of a disposition order; and
(i) The juvenile will likely fail to appear for further proceedings; or
(ii) Detention is required to protect the juvenile from himself or herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or
(v) The juvenile has committed a crime while another case was pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile's parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.
(5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of children, youth, and families. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.
[ 2017 3rd sp.s. c 6 s 606; 2002 c 171 s 2; 1999 c 167 s 2; 1997 c 338 s 13; 1995 c 395 s 4; 1979 c 155 s 57; 1977 ex.s. c 291 s 58. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2002 c 171: See note following RCW 72.01.410.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) When a police officer has reasonable cause to believe that a juvenile has committed acts constituting a nonfelony crime that is not a serious offense as identified in RCW 10.77.665, and the officer believes that the juvenile suffers from a mental disorder, and the local prosecutor has entered into an agreement with law enforcement regarding the detention of juveniles who may have a mental disorder or may be suffering from chemical dependency, the arresting officer, instead of taking the juvenile to the local juvenile detention facility, may take the juvenile to:
(a) An evaluation and treatment facility as defined in RCW 71.34.020 if the juvenile suffers from a mental disorder and the facility has been identified as an alternative location by agreement of the prosecutor, law enforcement, and the mental health provider;
(b) A facility or program identified by agreement of the prosecutor and law enforcement; or
(c) A location already identified and in use by law enforcement for the purpose of a behavioral health diversion.
(2) For the purposes of this section, an "alternative location" means a facility or program that has the capacity to evaluate a youth and, if determined to be appropriate, develop a behavioral health intervention plan and initiate treatment.
(3) If a juvenile is taken to any location described in subsection (1)(a) or (b) of this section, the juvenile may be held for up to twelve hours and must be examined by a mental health or substance use disorder professional within three hours of arrival.
(4) The authority provided pursuant to this section is in addition to existing authority under RCW 10.31.110 and * 10.31.120.
[ 2019 c 444 s 10; 2014 c 128 s 4; 2013 c 179 s 2. ]
NOTES:
*Reviser's note: RCW 10.31.120 expired July 31, 2019, pursuant to 2014 c 128 s 6.
Finding—2014 c 128: "The legislature finds that the large number of individuals involved in the juvenile justice and criminal justice systems with substance abuse challenges is of significant concern. Access to effective treatment is critical to the successful treatment of individuals in the early stages of their contact with the juvenile justice and criminal justice systems. Such access may prevent further involvement in the systems. The effective use of substance abuse treatment options can result not only in significant cost savings for the juvenile justice and criminal justice systems, but can benefit the lives of individuals who face substance abuse challenges." [ 2014 c 128 s 1.]
Finding—2013 c 179: "The legislature finds that the large number of youth involved in the juvenile justice system with mental health challenges is of significant concern. Access to effective treatment is critical to the successful treatment of youth in the early stages of their contact with the juvenile justice system. Such access may prevent further involvement in the system after an initial contact or assist a youth in avoiding any further contact with the juvenile justice system altogether. There is growing evidence that mental health diversion strategies, in particular, are effective in connecting youth with needed treatment and preventing additional offending behaviors. These strategies allow a continuum of opportunities for connecting youth who may be facing a mental illness or disorder to community mental health services at multiple decision points, such as law enforcement diversion, prosecutor diversion, court-based diversion, and court disposition. The effective use of these strategies can result not only in significant cost savings for the juvenile justice system, but can create the benefit of improved lives of the youth who face mental health challenges and barriers." [ 2013 c 179 s 1.]
(1) In any juvenile offender case where an offender has been sentenced for an offense where an adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence or disposition, the prosecuting attorney shall, or the offender may, make a motion for relief from disposition to the original court that imposed the disposition.
(2) The court that imposed the disposition shall grant the motion for relief from disposition established in this section if it finds that a current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's disposition and shall immediately set an expedited date for resentencing. At resentencing, the court shall impose a disposition as if the current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.
[ 2025 c 169 s 4. ]
NOTES:
Effective date—2025 c 169: See note following RCW 9.94A.640.
(1) The department shall establish rules for including prison riot behavior as described in RCW 9.94.010(1) as an infraction that is managed through the internal behavioral management infraction system.
(2) By August 1, 2025, the department shall respond to prison riot behavior as described in RCW 9.94.010(1) that occurs in an institution using the internal behavioral management infraction system.
(3) The department may impose an infraction using the internal behavioral management infraction system for offenses that were vacated under RCW 9.94A.640 when appropriate.
[ 2025 c 169 s 5. ]
NOTES:
Effective date—2025 c 169: See note following RCW 9.94A.640.
The secretary or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
[ 2017 3rd sp.s. c 6 s 607; 1997 c 338 s 14; 1994 sp.s. c 7 s 518. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
(1) When a juvenile taken into custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040.
(6) If detention is not necessary under RCW 13.40.040, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during specified hours; or
(f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in *RCW 13.40.040(4).
(7) A juvenile may be released only to a responsible adult or the department.
(8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
(9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 15; 1995 c 395 s 5; 1992 c 205 s 106; 1979 c 155 s 58; 1977 ex.s. c 291 s 59. ]
NOTES:
*Reviser's note: RCW 13.40.040 was amended by 2002 c 171 s 2, changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) As provided in this chapter, the court may order a juvenile to post a probation bond as defined in RCW 13.40.020 or to deposit cash or post other collateral in lieu of a probation bond, to enhance public safety, increase the likelihood that a respondent will appear as required to respond to charges, and increase compliance with community supervision imposed under various alternative disposition options. The parents or guardians of the juvenile may sign for a probation bond on behalf of the juvenile or deposit cash or other collateral in lieu of a bond if approved by the court.
(2) A parent or guardian who has signed for a probation bond, deposited cash, or posted other collateral on behalf of a juvenile has the right to notify the court if the juvenile violates any of the terms and conditions of the bond. The parent or guardian who signed for a probation bond may move the court to modify the terms of the bond or revoke the bond without penalty to the surety or parent. The court shall notify the surety if a parent or guardian notifies the court that the juvenile has violated conditions of the probation bond and has requested modification or revocation of the bond. At a hearing on the motion, the court may consider the nature and seriousness of the violation or violations and may either keep the bond in effect, modify the terms of the bond with the consent of the parent or guardian and surety, or revoke the bond. If the court revokes the bond the court may require full payment of the face amount of the bond. In the alternative, the court may revoke the bond and impose a partial payment for less than the full amount of the bond or may revoke the bond without imposing any penalty. In reaching its decision, the court may consider the timeliness of the parent's or guardian's notification to the court and the efforts of the parent and surety to monitor the offender's compliance with conditions of the bond and release. A surety shall have the same obligations and rights as provided sureties in adult criminal cases. Rules of forfeiture and revocation of bonds issued in adult criminal cases shall apply to forfeiture and revocation of probation bonds issued under this chapter except as specifically provided in this subsection.
[ 1995 c 395 s 1. ]
No fine, administrative fee, cost, or surcharge may be imposed or collected by the court or any agent of the court against any juvenile or a juvenile's parent or guardian, or other person having custody of the juvenile, in connection with any juvenile offender proceeding including, but not limited to, fees for diversion, DNA sampling, or victims' penalty assessments.
[ 2023 c 449 s 14. ]
NOTES:
Application—2023 c 449: "Nothing in this act requires a court to refund or reimburse amounts previously paid towards legal financial obligations, interests on legal financial obligations, or any other costs." [ 2023 c 449 s 22.]
Effective date—2023 c 449: "Except for section 15 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023." [ 2023 c 449 s 27.]
(1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.
(2)(a) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun; and
(b) A court may transfer a proceeding to another juvenile court following disposition for the purposes of supervision and enforcement of the disposition order.
(3) If the court orders a transfer of the proceeding pursuant to subsection (2)(b) of this section:
(a) The case and copies of only those legal and social documents pertaining thereto shall be transferred to the county in which the juvenile resides, without regard to whether or not his or her custodial parent resides there, for supervision and enforcement of the disposition order.
(b) If any restitution is yet to be determined, the originating court shall transfer the case to the new county with the exception of the restitution. Venue over restitution shall be retained by the originating court for purposes of establishing a restitution order. Once restitution is determined, the originating county shall then transfer venue over modification and enforcement of the restitution to the new county.
(c) The court of the receiving county may modify and enforce the disposition order, including restitution.
(d) The clerk of the originating county shall maintain the account receivable in the judicial information system and all payments shall be made to the clerk of the originating county.
(e) Any collection of the offender legal financial obligation shall be managed by the juvenile probation department of the new county while the offender is under juvenile probation supervision, or by the clerk of the original county at the conclusion of supervision by juvenile probation. The probation department of the new county shall notify the clerk of the originating county when they end supervision of the offender.
(f) In cases where a civil judgment has already been established, venue may not be transferred to another county.
[ 2005 c 165 s 1; 1997 c 338 s 16; 1989 c 71 s 1; 1981 c 299 s 6; 1979 c 155 s 59; 1977 ex.s. c 291 s 60. ]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—1989 c 71: "This act shall take effect September 1, 1989." [ 1989 c 71 s 2.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsection (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (8) of this section. If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) The prosecutor shall file an information with the juvenile court if (a) an alleged offender is accused of an offense that is defined as a sex offense or violent offense under RCW 9.94A.030, other than assault in the second degree or robbery in the second degree; or (b) an alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion.
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that may be filed under subsections (5) and (8) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient to charge an alleged offender with:
(a) Prostitution loitering and the alleged offense is the offender's first prostitution loitering offense, the prosecutor shall divert the case;
(b) Voyeurism in the second degree, the offender is under seventeen years of age, and the alleged offense is the offender's first voyeurism in the second degree offense, the prosecutor shall divert the case, unless the offender has received two diversions for any offense in the previous two years;
(c) Minor selling depictions of himself or herself engaged in sexually explicit conduct under RCW 9.68A.053(5) and the alleged offense is the offender's first violation of RCW 9.68A.053(5), the prosecutor shall divert the case; or
(d) A distribution, transfer, dissemination, or exchange of sexually explicit images of other minors thirteen years of age or older offense as provided in RCW 9.68A.053(1) and the alleged offense is the offender's first violation of RCW 9.68A.053(1), the prosecutor shall divert the case.
(8) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor may be guided by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(9) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.
(10) The responsibilities of the prosecutor under subsections (1) through (9) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(11) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to community-based programs, restorative justice programs, mediation, or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.
(12) Prosecutors and juvenile courts are encouraged to engage with and partner with community-based programs to expand, improve, and increase options to divert youth from formal processing in juvenile court. Nothing in this chapter should be read to limit partnership with community-based programs to create diversion opportunities for juveniles.
[ 2020 c 331 s 5; 2019 c 128 s 8; 2018 c 82 s 1; 2017 c 292 s 2; 2013 c 179 s 3; 2010 c 289 s 7; 2009 c 252 s 3; 2003 c 53 s 98; 2001 c 175 s 2; 1997 c 338 s 17; 1994 sp.s. c 7 s 543; 1992 c 205 s 107; 1989 c 407 s 9; 1983 c 191 s 18; 1981 c 299 s 7; 1979 c 155 s 60; 1977 ex.s. c 291 s 61. ]
NOTES:
Effective date—2020 c 331 ss 4, 5, and 6: See note following RCW 7.68.380.
Finding—2020 c 331: See note following RCW 7.68.380.
Short title—2019 c 128: See note following RCW 13.40.660.
Finding—2013 c 179: See note following RCW 13.40.042.
Findings—2009 c 252: See note following RCW 13.40.213.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Application—1994 sp.s. c 7 ss 540-545: See note following RCW 13.50.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
RECOMMENDED PROSECUTING STANDARDS
FOR CHARGING AND PLEA DISPOSITIONS
INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.
GUIDELINES/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years;
(ii) Most members of society act as if it were no longer in existence;
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under *RCW 13.40.160(4).
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.411(2).
The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.
(3) Selection of Charges/Degree of Charge
(a) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(i) Will significantly enhance the strength of the state's case at trial; or
(ii) Will result in restitution to all victims.
(b) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(i) Charging a higher degree;
(ii) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
(4) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(a) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(b) The completion of necessary laboratory tests; and
(c) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(5) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(a) Probable cause exists to believe the suspect is guilty; and
(b) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(c) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(6) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(a) Polygraph testing;
(b) Hypnosis;
(c) Electronic surveillance;
(d) Use of informants.
(7) Prefiling Discussions with Defendant
Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
(8) Plea dispositions:
STANDARD
(a) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.
(b) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:
(i) Evidentiary problems which make conviction of the original charges doubtful;
(ii) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(iii) A request by the victim when it is not the result of pressure from the respondent;
(iv) The discovery of facts which mitigate the seriousness of the respondent's conduct;
(v) The correction of errors in the initial charging decision;
(vi) The respondent's history with respect to criminal activity;
(vii) The nature and seriousness of the offense or offenses charged;
(viii) The probable effect of witnesses.
(c) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent. This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as the Special Sex Offender Disposition Alternative, the Chemical Dependency Disposition Alternative, and manifest injustice.
(9) Disposition recommendations:
STANDARD
The prosecutor may reach an agreement regarding disposition recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.
[ 1997 c 338 s 18; 1996 c 9 s 1. ]
NOTES:
*Reviser's note: RCW 13.40.160 was amended by 1999 c 91 s 2, changing subsection (4) to subsection (3). RCW 13.40.160 was subsequently amended by 2011 c 338 s 2, deleting subsection (3).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. A juvenile's parent or guardian cannot decline to enter into a diversion agreement on behalf of the juvenile and cannot prevent a juvenile from entering into a diversion agreement. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community restitution not to exceed 150 hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by any victim, excluding restitution owed to any insurance provider under Title 48 RCW;
(c) Attendance at up to 10 hours of counseling and/or up to 20 hours of positive youth development, restorative justice, and educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. If an assessment identifies mental health or chemical dependency needs, a youth may access up to 30 hours of counseling. The counseling sessions may include services demonstrated to improve behavioral health and reduce recidivism. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, a physician, a counselor, a school, or a treatment provider, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversion unit exercising the option to permit diversion agreements to mandate attendance at up to 30 hours of counseling and/or up to 20 hours of educational or informational sessions;
(d) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and
(e) Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.
(3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.
(4) In assessing periods of community restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian. To the extent possible, the court officer shall advise the victims of the juvenile offender of the diversion process, offer victim impact letter forms and restitution claim forms, and involve members of the community. Such members of the community may meet with the juvenile and may advise the court officer as to the terms of the diversion agreement and may supervise the juvenile in carrying out its terms.
(5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the 21st birthday of the divertee.
(b) If additional time is necessary for the juvenile to complete the terms of the agreement or restitution to a victim, the time period limitations of this subsection may be extended by an additional six months at the request of the juvenile.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of a civil order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to 10 years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of 10 years after the juvenile's 18th birthday. Prior to the expiration of the initial 10 year period, the juvenile court may extend the judgment for restitution an additional 10 years. The court may relieve the juvenile of the requirement to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a 10 year period. If the court relieves the juvenile of the requirement to pay full or partial restitution, the court may order an amount of community restitution that the court deems appropriate. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
(d) A diversion agreement may be completed by the juvenile any time prior to an order terminating the agreement.
(6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(7) Divertees and potential divertees shall be afforded due process in all contacts with a diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement;
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under 21 years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is 21 years of age or older;
(f) In no case may a court terminate a diversion agreement on or after the juvenile's 21st birthday and, thereafter, any pending information in the case diverted and any pending motion to terminate shall be dismissed with prejudice.
(8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(10) The diversion unit may refer a juvenile to a restorative justice program, community-based counseling, or treatment programs.
(11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(12) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(13) A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than $50 in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs or a restorative justice program. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(8). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's 18th birthday and which includes a period extending beyond the divertee's 18th birthday.
(16) If restitution required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert unpaid restitution into community restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(17) In no case may a diversion be entered into for an offense committed on or after the juvenile's 18th birthday.
[ 2025 c 140 s 3; 2022 c 34 s 1; 2018 c 82 s 4; 2015 c 265 s 25; 2014 c 128 s 5; 2013 c 179 s 4; 2012 c 201 s 2; 2004 c 120 s 3. Prior: 2002 c 237 s 8; 2002 c 175 s 21; 1999 c 91 s 1; 1997 c 338 s 70; 1997 c 121 s 8; 1996 c 124 s 1; 1994 sp.s. c 7 s 544; 1992 c 205 s 108; 1985 c 73 s 2; 1983 c 191 s 16; 1981 c 299 s 8; 1979 c 155 s 61; 1977 ex.s. c 291 s 62. ]
NOTES:
Findings—Intent—2025 c 140: "(1) The legislature finds that youth diverted from the justice system have lower likelihood for future arrests, higher rates of school completion and college enrollment, and earn higher incomes in adulthood than youth who are adjudicated through the court process.
(2) The legislature further finds that there is significant cost benefit to offering youth diversion. A 2019 Washington state institute for public policy analysis found that diverting youth returned a societal benefit of more than $11,000 per dollar spent due to lower recidivism rates and improved outcomes.
(3) The legislature also finds that diversion is offered at different rates in different counties, leading to justice by geography and pointing to opportunities to expand the use of diversion in Washington.
(4) Therefore, it is the intent of the legislature to strengthen the ability of courts to offer robust diversion services and improve the data and accountability framework for diversions in Washington state." [ 2025 c 140 s 1.]
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—2014 c 128: See note following RCW 13.40.042.
Finding—2013 c 179: See note following RCW 13.40.042.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Application—1994 sp.s. c 7 ss 540-545: See note following RCW 13.50.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—1985 c 73: See note following RCW 13.40.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
RCW 13.40.020 applies to all completed juvenile diversion agreements and those which are in place but not yet completed on or after July 27, 2025, regardless of when the underlying offense was committed.
[ 2025 c 140 s 7. ]
NOTES:
Findings—Intent—2025 c 140: See note following RCW 13.40.080.
Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that youth with the services and treatment specified in RCW * 74.14B.060 and 74.14B.070.
[ 2010 c 289 s 5. ]
NOTES:
*Reviser's note: RCW 74.14B.060 was repealed by 2012 c 29 s 14.
The county prosecuting attorney shall be a party to all juvenile court proceedings involving juvenile offenders or alleged juvenile offenders.
The prosecuting attorney may, after giving appropriate notice to the juvenile court, decline to represent the state of Washington in juvenile court matters except felonies unless requested by the court on an individual basis to represent the state at an adjudicatory hearing in which case he or she shall participate. When the prosecutor declines to represent the state, then such function may be performed by the juvenile court probation counselor authorized by the court or local court rule to serve as the prosecuting authority.
If the prosecuting attorney elects not to participate, the prosecuting attorney shall file with the county clerk each year by the first Monday in July notice of intent not to participate. In a county wherein the prosecuting attorney has elected not to participate in juvenile court, he or she shall not thereafter until the next filing date participate in juvenile court proceedings unless so requested by the court on an individual basis, in which case the prosecuting attorney shall participate.
[ 1977 ex.s. c 291 s 63. ]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.
(2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.
(3) A copy of the information shall be attached to each summons.
(4) The summons shall advise the parties of the right to counsel.
(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.
(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.
(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 19; 1979 c 155 s 62; 1977 ex.s. c 291 s 64. ]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Discretionary decline hearing - The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction only if:
(a) The respondent was, at the time of the alleged offense, at least 15 years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030;
(b) The respondent was, at the time of the alleged offense, 14 years of age or younger and is charged with murder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050); or
(c) The respondent is any age and is charged with custodial assault, RCW 9A.36.100, and, at the time the respondent is charged, is already serving a minimum juvenile sentence to age 21.
(2) Mandatory decline hearing - Unless waived by the court, the parties, and their counsel, a decline hearing shall be held when the information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age 21.
(3) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
[ 2024 c 117 s 2; 2019 c 322 s 10; 2018 c 162 s 4; 2009 c 454 s 3; 1997 c 338 s 20; 1990 c 3 s 303; 1988 c 145 s 18; 1979 c 155 s 63; 1977 ex.s. c 291 s 65. ]
NOTES:
Application—2024 c 117: See note following RCW 13.40.300.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court.
[ 1981 c 299 s 9; 1979 c 155 s 64; 1977 ex.s. c 291 s 66. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) A juvenile is eligible for deferred disposition unless he or she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony;
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more adjudications.
(2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. In all cases where the juvenile is eligible for a deferred disposition, there shall be a strong presumption that the deferred disposition will be granted. The court may waive the fourteen-day period anytime before the commencement of trial for good cause.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the written police report;
(b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision;
(c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses; and
(d) Acknowledge the direct consequences of being found guilty and the direct consequences that will happen if an order of disposition is entered.
The adjudicatory hearing shall be limited to a reading of the court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.
The court may require a juvenile offender convicted of animal cruelty in the first degree to submit to a mental health evaluation to determine if the offender would benefit from treatment and such intervention would promote the safety of the community. After consideration of the results of the evaluation, as a condition of community supervision, the court may order the offender to attend treatment to address issues pertinent to the offense.
The court may require the juvenile to undergo a mental health or substance abuse assessment, or both. If the assessment identifies a need for treatment, conditions of supervision may include treatment for the assessed need that has been demonstrated to improve behavioral health and reduce recidivism.
The court shall require a juvenile granted a deferral of disposition for unlawful possession of a firearm in violation of RCW 9.41.040 to participate in a qualifying program as described in RCW 13.40.193(2)(b), when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.
(6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
(7)(a) Anytime prior to the conclusion of the period of supervision, the prosecutor or the juvenile's juvenile court community supervision counselor may file a motion with the court requesting the court revoke the deferred disposition based on the juvenile's lack of compliance or treat the juvenile's lack of compliance as a violation pursuant to RCW 13.40.200.
(b) If the court finds the juvenile failed to comply with the terms of the deferred disposition, the court may:
(i) Revoke the deferred disposition and enter an order of disposition; or
(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.
(8) At any time following deferral of disposition the court may, following a hearing, continue supervision for an additional one-year period for good cause.
(9)(a) At the conclusion of the period of supervision, the court shall determine whether the juvenile is entitled to dismissal of the deferred disposition only when the court finds:
(i) The deferred disposition has not been previously revoked;
(ii) The juvenile has completed the terms of supervision;
(iii) There are no pending motions concerning lack of compliance pursuant to subsection (7) of this section; and
(iv) The juvenile has either paid the full amount of restitution, or, made a good faith effort to pay the full amount of restitution during the period of supervision.
(b) If the court finds the juvenile is entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the juvenile's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated. Whenever a case is dismissed with restitution still owing, the court shall enter a restitution order pursuant to RCW 7.80.130 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 7.80.130.
(c) If the court finds the juvenile is not entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the court shall revoke the deferred disposition and enter an order of disposition. A deferred disposition shall remain a conviction unless the case is dismissed and the conviction is vacated pursuant to (b) of this subsection or sealed pursuant to RCW 13.50.260.
(10)(a)(i) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is eighteen years of age or older and the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW has been paid, the court shall enter a written order sealing the case.
(ii) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is not eighteen years of age or older and full restitution ordered has been paid, the court shall schedule an administrative sealing hearing to take place no later than thirty days after the respondent's eighteenth birthday, at which time the court shall enter a written order sealing the case. The respondent's presence at the administrative sealing hearing is not required.
(iii) Any deferred disposition vacated prior to June 7, 2012, is not subject to sealing under this subsection.
(b) Nothing in this subsection shall preclude a juvenile from petitioning the court to have the records of his or her deferred dispositions sealed under RCW 13.50.260.
(c) Records sealed under this provision shall have the same legal status as records sealed under RCW 13.50.260.
[ 2016 c 136 s 3; 2015 c 265 s 26. Prior: 2014 c 175 s 6; 2014 c 117 s 2; 2013 c 179 s 5; 2012 c 177 s 1; 2009 c 236 s 1; 2004 c 117 s 2; 2001 c 175 s 3; 1997 c 338 s 21. ]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Finding—2013 c 179: See note following RCW 13.40.042.
Effective date—2004 c 117: See note following RCW 13.40.0357.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.
(2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of a juvenile described in the charging document of the dispositional or adjudicatory hearing and shall require attendance.
(3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.
(4) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.
(5) If the respondent is found not guilty he or she shall be released from detention.
(6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be notified by mail of the time and place of the continued hearing.
(7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.
(8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.
(9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.
(10) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 22; 1981 c 299 s 10; 1979 c 155 s 65; 1977 ex.s. c 291 s 67. ]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[ 2009 c 28 s 33; 1997 c 338 s 23; 1990 c 3 s 604. ]
NOTES:
Effective date—2009 c 28: See note following RCW 2.24.040.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Application—1990 c 3 ss 601-605: See note following RCW 9.94A.835.
(1) A juvenile shall be advised of the juvenile's rights when appearing before the court.
(2) A juvenile and the juvenile's parent, guardian, or custodian shall be advised by the court or its representative that the juvenile has a right to be represented by counsel at all critical stages of the proceedings. Unless waived, counsel shall be provided to a juvenile who is financially unable to obtain counsel without causing substantial hardship to himself or herself or the juvenile's family, in any proceeding where the juvenile may be subject to transfer for criminal prosecution, or in any proceeding where the juvenile may be in danger of confinement. The ability to pay part of the cost of counsel does not preclude assignment. In no case may a juvenile be deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall be fully advised of the juvenile's right to an attorney and of the relevant services an attorney can provide.
(3) The right to counsel includes the right to the appointment of experts necessary, and the experts shall be required pursuant to the procedures and requirements established by the supreme court.
(4) Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing, or such subpoenas may be issued by an attorney of record.
(5) All proceedings shall be transcribed verbatim by means which will provide an accurate record.
(6) The general public and press shall be permitted to attend any hearing unless the court, for good cause, orders a particular hearing to be closed. The presumption shall be that all such hearings will be open.
(7) In all adjudicatory proceedings before the court, all parties shall have the right to adequate notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter expressly permits the use of hearsay testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased fact finder.
(8) A juvenile shall be accorded the same privilege against self-incrimination as an adult and the protections provided in RCW 13.40.740. An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence at an adjudicatory hearing over objection. Evidence illegally seized or obtained, including evidence obtained in violation of RCW 13.40.740, may not be received in evidence over objection at an adjudicatory hearing to prove the allegations against the juvenile if the evidence would be inadmissible in an adult criminal proceeding. An extrajudicial admission or confession made by the juvenile out of court is insufficient to support a finding that the juvenile committed the acts alleged in the information unless evidence of a corpus delicti is first independently established in the same manner as required in an adult criminal proceeding.
(9) Statements, admissions, or confessions made by a juvenile in the course of a mental health or chemical dependency screening or assessment, whether or not the screening or assessment was ordered by the court, shall not be admissible into evidence against the juvenile on the issue of guilt in any juvenile offense matter or adult criminal proceeding, unless the juvenile has placed the juvenile's mental health at issue. The statement is admissible for any other purpose or proceeding allowed by law. This prohibition does not apply to statements, admissions, or confessions made to law enforcement, and may not be used to argue for derivative suppression of other evidence lawfully obtained as a result of an otherwise inadmissible statement, admission, or confession.
(10) Waiver of any right which a juvenile has under this chapter must be an express waiver intelligently made by the juvenile after the juvenile has been fully informed of the right being waived, including having access to an attorney for consultation if required under RCW 13.40.740.
(11) Whenever this chapter refers to waiver or objection by a juvenile, the word juvenile shall be construed to refer to a juvenile who is at least 12 years of age. If a juvenile is under 12 years of age, the juvenile's parent, guardian, or custodian shall give any waiver or offer any objection contemplated by this chapter.
[ 2021 c 328 s 2; 2014 c 110 s 2; 1981 c 299 s 11; 1979 c 155 s 66; 1977 ex.s. c 291 s 68. ]
NOTES:
Effective date—2021 c 328: See note following RCW 13.40.740.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) Violations which are current offenses count as misdemeanors;
(b) Violations may not count as part of the offender's criminal history;
(c) In no event may a disposition for a violation include confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of criminal conduct by the respondent;
(b) Consider information and arguments offered by parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;
(e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date not to exceed one hundred eighty days from the date of the disposition hearing to determine the amount, except that the court may continue the hearing beyond the one hundred eighty days for good cause;
(g) Determine the respondent's offender score;
(h) Consider whether or not any of the following mitigating factors exist:
(i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;
(ii) The respondent acted under strong and immediate provocation;
(iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and
(v) There has been at least one year between the respondent's current offense and any prior criminal offense;
(i) Consider whether or not any of the following aggravating factors exist:
(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;
(ii) The offense was committed in an especially heinous, cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;
(v) The current offense included a finding of sexual motivation pursuant to RCW 13.40.135;
(vi) The respondent was the leader of a criminal enterprise involving several persons;
(vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history; and
(viii) The standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications.
(4) The following factors may not be considered in determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the respondent's family;
(c) The creed or religion of the respondent or the respondent's family;
(d) The economic or social class of the respondent or the respondent's family; and
(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.
[ 1998 c 86 s 1; 1997 c 338 s 24; 1995 c 268 s 5; 1992 c 205 s 109; 1990 c 3 s 605; 1981 c 299 s 12; 1979 c 155 s 67; 1977 ex.s. c 291 s 69. ]
NOTES:
Effective date—1998 c 86: "This act takes effect July 1, 1998." [ 1998 c 86 s 2.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Application—1990 c 3 ss 601-605: See note following RCW 9.94A.835.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsection (2), (3), (4), (5), or (6) of this section. The disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.
(3) If a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court may impose the special sex offender disposition alternative under RCW 13.40.162.
(4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under *RCW 13.40.167.
(6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court in a county with a pilot program under **RCW 13.40.169 may impose the disposition alternative under **RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(2)(a)(v) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(8) RCW 13.40.308 shall govern the disposition of any juvenile adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, possession of a stolen motor vehicle as defined under RCW 9A.56.068, taking a motor vehicle without permission in the first degree under RCW 9A.56.070, and taking a motor vehicle without permission in the second degree under RCW 9A.56.075.
(9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(10) Except as provided under subsection (3), (4), (5), or (6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
(11) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
[ 2023 c 295 s 9; 2022 c 268 s 38; 2020 c 18 s 9; 2011 c 338 s 2; 2007 c 199 s 14. Prior: 2004 c 120 s 4; 2004 c 38 s 11; prior: 2003 c 378 s 3; 2003 c 53 s 99; 2002 c 175 s 22; 1999 c 91 s 2; prior: 1997 c 338 s 25; 1997 c 265 s 1; 1995 c 395 s 7; 1994 sp.s. c 7 s 523; 1992 c 45 s 6; 1990 c 3 s 302; 1989 c 407 s 4; 1983 c 191 s 8; 1981 c 299 s 13; 1979 c 155 s 68; 1977 ex.s. c 291 s 70. ]
NOTES:
Reviser's note: *(1) RCW 13.40.167 was repealed by 2016 c 106 s 4.
**(2) RCW 13.40.169 expired July 1, 2005.
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Severability—1997 c 265: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 265 s 9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—Application—1992 c 45: See notes following RCW 9.94A.840.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) A juvenile offender is eligible for the special sex offender disposition alternative when:
(a) The offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and the offender has no history of a prior sex offense; or
(b) The offender is found to have committed assault in the fourth degree with sexual motivation, and the offender has no history of a prior sex offense.
(2) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
(a) The report of the examination shall include at a minimum the following:
(i) The respondent's version of the facts and the official version of the facts;
(ii) The respondent's offense history;
(iii) An assessment of problems in addition to alleged deviant behaviors;
(iv) The respondent's social, educational, and employment situation;
(v) Other evaluation measures used.
The report shall set forth the sources of the evaluator's information.
(b) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(i) The frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
(c) For good cause shown, the court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion.
(3) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years.
(4) As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to 30 days of confinement and requirements that the offender do any one or more of the following:
(a) Devote time to a specific education, employment, or occupation;
(b) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(c) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(d) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(e) Report as directed to the court and a probation counselor;
(f) Pay restitution and perform community restitution, or any combination thereof;
(g) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or
(h) Comply with the conditions of any court-ordered probation bond.
(5) If the court orders 24 hour, continuous monitoring of the offender while on probation, the court shall include the basis for this condition in its findings.
(6)(a) The court must order the offender not to attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings.
(b) The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district.
(c) The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than 10 calendar days after entry of the disposition.
(7)(a) The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
(b) At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
(c) Except as provided in this subsection, examinations and treatment ordered pursuant to this subsection shall be conducted by qualified professionals as described under (d) of this subsection, certified sex offender treatment providers, or certified affiliate sex offender treatment providers under chapter 18.155 RCW.
(d) A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the therapist is a professional licensed under chapter 18.225 or 18.83 RCW and the treatment employed is evidence-based for sex offender treatment, or if the court finds that: (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home; and (iii) the evaluation and treatment plan comply with this subsection and the rules adopted by the department of health.
(8)(a) If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to 30 days confinement for violating conditions of the disposition.
(b) The court may order both execution of the disposition and up to 30 days confinement for the violation of the conditions of the disposition.
(c) The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(9) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(10) The respondent or the parent, guardian, or other person having custody of the respondent shall not be required to pay the cost of any evaluation or treatment of the respondent ordered under this section.
(11) A disposition entered under this section is not appealable under RCW 13.40.230.
[ 2023 c 449 s 17; 2023 c 150 s 8; 2020 c 249 s 1; 2011 c 338 s 3. ]
NOTES:
Reviser's note: This section was amended by 2023 c 150 s 8 and by 2023 c 449 s 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 449: See note following RCW 13.40.058.
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
(1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 71.24.615. It is also the purpose of the disposition alternative to assure that minors in need of substance use disorder, mental health, and/or co-occurring disorder treatment receive an appropriate continuum of culturally relevant care and treatment, including prevention and early intervention, self-directed care, parent-directed care, and residential treatment. To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide these services to minors shall jointly plan and deliver these services. It is also the purpose of the disposition alternative to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs and in accordance with sound professional judgment. The mental health, substance abuse, and co-occurring disorder treatment providers shall, to the extent possible, offer services that involve minors' parents, guardians, and family.
(2) The court must consider eligibility for the substance use disorder or mental health disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, other than a first time B+ offense under chapter 69.50 RCW. The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, substance abusing, or has significant mental health or co-occurring disorders may order an examination by a substance use disorder counselor from a substance use disorder treatment facility approved under *chapter 70.96A RCW or a mental health professional as defined in chapter 71.34 RCW to determine if the youth is chemically dependent, substance abusing, or suffers from significant mental health or co-occurring disorders. The state shall pay the cost of any examination ordered under this subsection unless third-party insurance coverage is available.
(3) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems, mental health diagnoses, previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.
(4) The examiner shall assess and report regarding the respondent's relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(5) The court on its own motion may order, or on a motion by the state or the respondent shall order, a second examination. The evaluator shall be selected by the party making the motion. The requesting party shall pay the cost of any examination ordered under this subsection unless the requesting party is the offender, in which case the state shall pay the cost if no third-party insurance coverage is available.
(6)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
(b) If the court determines that this disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of 52 weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol, mental health, or co-occurring disorder treatment and/or inpatient mental health or drug/alcohol treatment. The court shall only order inpatient treatment under this section if a funded bed is available. If the inpatient treatment is longer than 90 days, the court shall hold a review hearing every 30 days beyond the initial 90 days. The respondent may appear telephonically at these review hearings if in compliance with treatment. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to 30 days of confinement, 150 hours of community restitution, and payment of restitution.
(7) The mental health/co-occurring disorder/drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(8) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(10) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
(11) A disposition under this section is not appealable under RCW 13.40.230.
(12) Subject to funds appropriated for this specific purpose, the costs incurred by the juvenile courts for the mental health, substance use disorder, and/or co-occurring disorder evaluations, treatment, and costs of supervision required under this section shall be paid by the health care authority.
(13) A juvenile, or the parent, guardian, or other person having custody of the juvenile shall not be required to pay the cost of any evaluation or treatment ordered under this section.
[ 2023 c 449 s 18; 2019 c 325 s 5007; 2016 c 106 s 3; 2004 c 120 s 5; 2003 c 378 s 6. Prior: 2002 c 175 s 23; 2002 c 42 s 1; 2001 c 164 s 1; 1997 c 338 s 26. ]
NOTES:
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effectiveness standards—1997 c 338 s 26: "The University of Washington shall develop standards for measuring effectiveness of treatment programs established under section 26 of this act. The standards shall be developed and presented to the governor and legislature not later than January 1, 1998. The standards shall include methods for measuring success factors following treatment. Success factors shall include, but need not be limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, and convictions for subsequent offenses." [ 1997 c 338 s 27.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) Where a disposition in a single disposition order is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:
(a) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed 150 percent of the term imposed for the most serious offense;
(b) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and
(c) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require any payment of fines or the performance of more than 200 hours of community restitution.
(2) Where disposition in separate disposition orders is imposed on a youth, the periods of community supervision contained in separate orders, if any, shall run concurrently. All other terms contained in separate disposition orders shall run consecutively.
[ 2023 c 449 s 19; 2012 c 177 s 3; 2002 c 175 s 24; 1981 c 299 s 14; 1977 ex.s. c 291 s 72. ]
NOTES:
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
[ 2017 3rd sp.s. c 6 s 608; 1994 sp.s. c 7 s 524; 1981 c 299 s 15. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
(1)(a) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted.
(b) Restitution may include the costs of counseling reasonably related to the offense.
(c) The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter.
(d) The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. If the court determines that a juvenile has insufficient funds to pay and upon agreement of the victim, the court may order performance of a number of hours of community restitution in lieu of monetary penalty, at the rate of the then state minimum wage per hour. The court shall allow the victim to determine the nature of the community restitution to be completed when it is practicable and appropriate to do so. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday and, during this period, the restitution portion of the dispositional order may be modified as to amount, terms, and conditions at any time. Prior to the expiration of the ten-year period, the juvenile court may extend the judgment for the payment of restitution for an additional ten years. If the court grants a respondent's petition pursuant to RCW 13.50.260, the court's jurisdiction under this subsection shall terminate.
(e) Nothing in this section shall prevent a respondent from petitioning the court pursuant to RCW 13.50.260 if the respondent has paid the full restitution amount stated in the court's order and has met the statutory criteria.
(f) If the respondent participated in the crime with another person or other persons, the court may either order joint and several restitution or may divide restitution equally among the respondents. In determining whether restitution should be joint and several or equally divided, the court shall consider the interest and circumstances of the victim or victims, the circumstances of the respondents, and the interest of justice.
(g) At any time, the court may determine that the respondent is not required to pay, or may relieve the respondent of the requirement to pay, full or partial restitution to any insurance provider authorized under Title 48 RCW if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution to the insurance provider.
(2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. The county clerk shall make restitution disbursements to victims prior to payments to any insurance provider under Title 48 RCW.
(4) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged. "Victim" may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.
(5) A respondent under obligation to pay restitution may petition the court for modification of the restitution order for good cause shown, including inability to pay.
[ 2015 c 265 s 6; 2014 c 175 s 7; 2010 c 134 s 1; 2004 c 120 s 6. Prior: 1997 c 338 s 29; 1997 c 121 s 9; 1996 c 124 s 2; 1995 c 33 s 5; 1994 sp.s. c 7 s 528; 1987 c 281 s 5; 1985 c 257 s 2; 1983 c 191 s 9; 1979 c 155 s 69; 1977 ex.s. c 291 s 73. ]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Effective date—2004 c 120: See note following RCW 13.40.010.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1987 c 281: See note following RCW 7.68.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) If a juvenile is ordered to pay restitution, the money judgment remains enforceable for a period of 10 years. When the juvenile reaches the age of 18 years or at the conclusion of juvenile court jurisdiction, whichever occurs later, the superior court clerk must docket the remaining balance of the juvenile's restitution in the same manner as other judgments for the payment of money. The judgment remains valid and enforceable until 10 years from the date of its imposition. The clerk of the superior court may seek extension of the judgment for restitution in the same manner as RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190.
(2)(a) A judgment against a juvenile for any legal financial obligation other than restitution including, but not limited to, fines, penalty assessments, attorneys' fees, court costs, and other administrative fees, is not enforceable after July 1, 2023. The superior court clerk shall not accept payments from a respondent who was ordered to pay legal financial obligations, including fines, penalty assessments, attorneys' fees, and court costs after July 1, 2023. Any such debts shall be rendered null and void, and considered satisfied and paid in full by July 1, 2027, according to the following schedule:
(i) By June 30, 2025, debts resulting from cases filed from July 1, 2018, through June 30, 2023;
(ii) By June 30, 2026, debts resulting from cases filed from July 1, 2013, through June 30, 2018; and
(iii) By June 30, 2027, debts resulting from cases filed prior to July 1, 2013.
(b) Nothing in this section shall prevent a court from granting individual relief at any time in response to a motion.
(c) The presiding judge of a superior court may at any time authorize an administrative process to waive outstanding debt for any uncollectible legal financial obligation, other than restitution, imposed against a juvenile. The administrative process must ensure that debts:
(i) Are waived within any statutorily required deadlines;
(ii) Do not affect an individual's credit;
(iii) Are recalled from any collections agency; and
(iv) Do not appear in any background check.
(d) For the purposes of this section, the clerk of the superior court may seek a judicial order to waive outstanding debt for any uncollectible legal financial obligations, other than restitution, in the same manner as the clerk is authorized to seek an extension of jurisdiction under RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190. Any motion filed by the clerk of the superior court under this section does not constitute the practice of law.
[ 2024 c 38 s 1; 2023 c 449 s 20; 2015 c 265 s 7; 1997 c 121 s 7. ]
NOTES:
Effective date—2023 c 449: See note following RCW 13.40.058.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(2)(a)(v), the court shall impose a minimum disposition of ten days of confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.
(2)(a) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040, the disposition must include a requirement that the respondent participate in a qualifying program as described in (b) of this subsection, when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate.
(b) For purposes of this section, "qualifying program" means an aggression replacement training program, a functional family therapy program, or another program applicable to the juvenile firearm offender population that has been identified as evidence-based or research-based and cost-beneficial in the current list prepared at the direction of the legislature by the Washington state institute for public policy.
(3) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun or bump-fire stock, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun or bump-fire stock in a felony, the following periods of total confinement must be added to the sentence: (a) Except for (b) of this subsection, for a class A felony, six months; for a class B felony, four months; and for a class C felony, two months; (b) for any violent offense as defined in RCW 9.94A.030, committed by a respondent who is sixteen or seventeen years old at the time of the offense, a period of twelve months. The additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357.
(4)(a) If the court finds that the respondent who is sixteen or seventeen years old and committed the offense of robbery in the first degree, drive-by shooting, rape of a child in the first degree, burglary in the first degree, or any violent offense as defined in RCW 9.94A.030 and was armed with a firearm, and the court finds that the respondent's participation was related to membership in a criminal street gang or advancing the benefit, aggrandizement, gain, profit, or other advantage for a criminal street gang, a period of three months total confinement must be added to the sentence. The additional time must be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357 and must be served consecutively with any other sentencing enhancement.
(b) For the purposes of this section, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
(5) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.
(6) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.
[ 2023 c 295 s 10; 2022 c 268 s 39; 2020 c 18 s 10; 2019 c 64 s 4. Prior: 2018 c 162 s 5; 2018 c 22 s 7; 2018 c 7 s 9; 2014 c 117 s 1; 2003 c 53 s 100; 1997 c 338 s 30; 1994 sp.s. c 7 s 525. ]
NOTES:
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Explanatory statement—2018 c 22: See note following RCW 1.20.051.
Effective dates—2018 c 7: See note following RCW 9.41.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
A prosecutor may file a special allegation that the offender or an accomplice was armed with a firearm when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a firearm when the offender committed the offense.
[ 1994 sp.s. c 7 s 526. ]
NOTES:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
(1) When a respondent fails to comply with an order of restitution, community supervision, or confinement of less than 30 days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a willful refusal to comply with the terms of the order. If a respondent has failed to pay restitution or to perform community restitution hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the restitution or to perform community restitution.
(3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to 30 days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed 30 days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.
(4) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.
[ 2023 c 449 s 21; 2004 c 120 s 7; 2002 c 175 s 25; 1997 c 338 s 31; 1995 c 395 s 8; 1986 c 288 s 5; 1983 c 191 s 15; 1979 c 155 s 70; 1977 ex.s. c 291 s 74. ]
NOTES:
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Severability—1986 c 288: See note following RCW 43.185C.260.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.
(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:
(a) Sixty percent of the minimum term of confinement has been served; and
(b) The purpose of the leave is to enable the juvenile:
(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;
(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or
(iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.
(3) No authorized leave may exceed seven consecutive days. The total of all preminimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.
(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.
(5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.
(6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.
(7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.
(8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave or community transition services under subsection (13) of this section to the victim or the victim's immediate family.
(9) A juvenile who violates any condition of an authorized leave plan or community transition services under subsection (13) of this section may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.
(10) Community transition services is an electronic monitoring program as that term is used in RCW 9A.76.130.
(11) Notwithstanding the provisions of this section, a juvenile placed in minimum security status or in community transition services under subsection (13) of this section may participate in work, educational, community restitution, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence. This authorization may be increased to more than twelve hours a day up to sixteen hours a day if approved by the secretary and operated within the department's appropriations.
(12) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.
(13)(a) The department may require a person in its custody to serve the remainder of the person's sentence in community transition services if the department determines that such placement is in the best interest of the person and the community using the risk assessment tool and considering the availability of appropriate placements, treatment, and programming. The department's determination described under this subsection must include consideration of the person's behavior while in confinement and any disciplinary considerations. The department shall establish appropriate conditions the person must comply with to remain in community transition services. A person must have served 60 percent of their minimum term of confinement and no less than 15 weeks of total confinement including time spent in detention prior to sentencing or the entry of a dispositional order before becoming eligible for community transition services under the authority and supervision of the department.
(b) A person placed in community transition services under this section must have access to appropriate treatment and programming as determined by the department, including but not limited to:
(i) Behavioral health treatment;
(ii) Independent living;
(iii) Employment;
(iv) Education;
(v) Connections to family and natural supports; and
(vi) Community connections.
(c) Community transition services under this section is in lieu of confinement in an institution or community facility operated by the department, and will not fulfill any period of parole required under RCW 13.40.210.
(d) If a person placed in community transition services under this section violates a condition of participation in the community transition services program, or if the department determines that placement in the program is no longer in the best interests of the person or community, the person may be returned to an institution operated by the department at the department's discretion.
(e) The following persons are not eligible for community transition services under this section:
(i) Persons with pending charges or warrants;
(ii) Persons who will be transferred to the department of corrections, who are in the custody of the department of corrections, or who are under the supervision of the department of corrections;
(iii) Persons who were adjudicated or convicted of the crime of murder in the first or second degree;
(iv) Persons who meet the definition of a "persistent offender" as defined under RCW 9.94A.030;
(v) Level III sex offenders; and
(vi) Persons requiring out-of-state placement.
(14) The department shall design, or contract for the design, and implement a risk assessment tool. The tool must be designed to limit bias related to race, ethnicity, gender, and age. The risk assessment tool must be certified at least every three years based on current academic standards for assessment validation, and can be certified by the office of innovation, alignment, and accountability or an outside researcher.
[ 2021 c 206 s 4; 2019 c 468 s 1; 2002 c 175 s 26; 1990 c 3 s 103; 1983 c 191 s 10. ]
NOTES:
Contingent effective date—Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
Effective date—2002 c 175: See note following RCW 7.80.130.
(1) The secretary shall set a release date for each juvenile committed to its custody. The release date shall be within the prescribed range to which a juvenile has been committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.
(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.
(3)(a) Following the release of any juvenile under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for a sex offense as defined under RCW 9.94A.030 the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. A parole program is mandatory for offenders released under subsection (2) of this section and for offenders who receive a juvenile residential commitment sentence for theft of a motor vehicle, possession of a stolen motor vehicle, or taking a motor vehicle without permission 1. A juvenile adjudicated for unlawful possession of a firearm, possession of a stolen firearm, theft of a firearm, or drive-by shooting may participate in aggression replacement training, functional family therapy, or functional family parole aftercare if the juvenile meets eligibility requirements for these services. The decision to place an offender in an evidence-based parole program shall be based on an assessment by the department of the offender's risk for reoffending upon release and an assessment of the ongoing treatment needs of the juvenile. The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.
(b) The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon, and refrain from committing new offenses or violating any orders issued by the juvenile court pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or designee; (iii) pursue a course of study, vocational training, or employment; (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (xi) pay any court-ordered fines or restitution; and (xii) perform community restitution. Community restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community restitution may be performed through public or private organizations or through work crews.
(c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program. Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions: (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program. As a part of the intensive supervision program, the secretary may require day reporting.
(d) After termination of the parole period, the juvenile shall be discharged from the department's supervision.
(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) and (vi) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; (v) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030; and (vi) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the youth has completed the basic training camp program as described in RCW 13.40.320.
(b) The secretary may modify parole and order any of the conditions or may return the offender to confinement for up to twenty-four weeks if the offender was sentenced for a sex offense as defined under RCW 9A.44.128 and is known to have violated the terms of parole. Confinement beyond thirty days is intended to only be used for a small and limited number of sex offenders. It shall only be used when other graduated sanctions or interventions have not been effective or the behavior is so egregious it warrants the use of the higher level intervention and the violation: (i) Is a known pattern of behavior consistent with a previous sex offense that puts the youth at high risk for reoffending sexually; (ii) consists of sexual behavior that is determined to be predatory as defined in RCW 71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to a recent overt act. The total number of days of confinement for violations of parole conditions during the parole period shall not exceed the number of days provided by the maximum sentence imposed by the disposition for the underlying offense pursuant to RCW 13.40.0357. The department shall not aggregate multiple parole violations that occur prior to the parole revocation hearing and impose consecutive twenty-four week periods of confinement for each parole violation. The department is authorized to engage in rule making pursuant to chapter 34.05 RCW, to implement this subsection, including narrowly defining the behaviors that could lead to this higher level intervention.
(c) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
(5) A parole officer of the department of children, youth, and families shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.
(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.
[ 2024 c 297 s 16; 2023 c 150 s 9; 2017 3rd sp.s. c 6 s 609; 2014 c 117 s 3; 2009 c 187 s 1. Prior: 2007 c 203 s 1; 2007 c 199 s 13; 2002 c 175 s 27; prior: 2001 c 137 s 2; 2001 c 51 s 1; 1997 c 338 s 32; 1994 sp.s. c 7 s 527; 1990 c 3 s 304; 1987 c 505 s 4; 1985 c 287 s 1; 1985 c 257 s 4; 1983 c 191 s 11; 1979 c 155 s 71; 1977 ex.s. c 291 s 75. ]
NOTES:
Effective date—2024 c 297: See note following RCW 7.68.127.
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Applicability—2007 c 203: "This act applies prospectively only and not retroactively. It applies only to juvenile offenders who have been adjudicated for an offense that occurred on or after October 1, 2007." [ 2007 c 203 s 2.]
Effective date—2007 c 203: "This act takes effect October 1, 2007." [ 2007 c 203 s 3.]
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2001 c 51: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2001]." [ 2001 c 51 s 2.]
Findings—Intent—1997 c 338 ss 32 and 34: See note following RCW 13.40.212.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Intent—1985 c 257 s 4: "To promote both public safety and the welfare of juvenile offenders, it is the intent of the legislature that services to juvenile offenders be delivered in the most effective and efficient means possible. Section 4 of this act facilitates those objectives by permitting counties to supervise parole of juvenile offenders. This is consistent with the philosophy of chapter 13.06 RCW to deliver community services to juvenile offenders comprehensively at the county level." [ 1985 c 257 s 3.]
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at a minimum, the following program elements:
(1) A process of case management involving coordinated and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and monitoring. The components of the case management system shall include assessment, classification, and selection criteria; individual case planning that incorporates a family and community perspective; a mixture of intensive surveillance and services; a balance of incentives and graduated consequences coupled with the imposition of realistic, enforceable conditions; and service brokerage with community resources and linkage with social networks;
(2) Administration of transition services that transcend traditional agency boundaries and professional interests and include courts, institutions, aftercare, education, social and mental health services, substance abuse treatment, and employment and vocational training; and
(3) A plan for information management and program evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of both the processes and outcomes of the program.
[ 2020 c 262 s 6; 1997 c 338 s 34. ]
NOTES:
Findings—Intent—1997 c 338 ss 32 and 34: "The legislature finds the present system of transitioning youths from residential status to parole status to discharge is insufficient to provide adequate rehabilitation and public safety in many instances, particularly in cases of offenders at highest risk of reoffending. The legislature further finds that an intensive supervision program based on the following principles holds much promise for positively impacting recidivism rates for juvenile offenders: (1) Progressive increase in responsibility and freedom in the community; (2) facilitation of youths' interaction and involvement with their communities; (3) involvement of both the youth and targeted community support systems such as family, peers, schools, and employers, on the qualities needed for constructive interaction and successful adjustment with the community; (4) development of new resources, supports, and opportunities where necessary; and (5) ongoing monitoring and testing of youth on their ability to abide by community rules and standards.
The legislature intends for the department to create an intensive supervision program based on the principles stated in this section that will be available to the highest risk juvenile offenders placed on parole." [ 1997 c 338 s 33.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) When a juvenile is alleged to have committed a prostitution loitering offense, and the allegation, if proved, would not be the juvenile's first offense, a prosecutor may divert the offense if the county in which the offense is alleged to have been committed has a comprehensive program that provides:
(a) Safe and stable housing;
(b) Comprehensive on-site case management;
(c) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
(d) Education and employment training delivered on-site; and
(e) Referrals to off-site specialized services, as appropriate.
(2) A prosecutor may divert a case for prostitution loitering into the comprehensive program described in this section, notwithstanding the filing criteria set forth in RCW 13.40.070(5).
(3) A diversion agreement under this section may extend to twelve months.
(4)(a) The administrative office of the courts shall compile data regarding:
(i) The number of juveniles whose cases are diverted into the comprehensive program described in this section;
(ii) Whether the juveniles complete their diversion agreements under this section; and
(iii) Whether juveniles whose cases have been diverted under this section have been subsequently arrested or committed subsequent offenses.
(b) An annual report of the data compiled shall be provided to the governor and the appropriate committee of the legislature.
[ 2020 c 331 s 6; 2010 c 289 s 8; 2009 c 252 s 2. ]
NOTES:
Effective date—2020 c 331 ss 4, 5, and 6: See note following RCW 7.68.380.
Finding—2020 c 331: See note following RCW 7.68.380.
Findings—2009 c 252: "The legislature finds that juveniles involved in the commercial sex trade are sexually exploited and that they face extreme threats to their physical and emotional well-being. In order to help them break out of the isolation, fear, and danger of the commercial sex trade and to assist them in their recovery from the resulting mental and physical harm and in the development of skills that will allow them to become independent and achieve long-term security, these juveniles are in critical need of comprehensive services, including housing, mental health counseling, education, employment, chemical dependency treatment, and skill building. The legislature further finds that a diversion program to provide these comprehensive services, working within existing resources in the counties which prosecute juveniles for prostitution and prostitution loitering, may be an appropriate alternative to the prosecution of juveniles involved in the commercial sex trade." [ 2009 c 252 s 1.]
(1)(a) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:
(i) The chief of police of the city, if any, in which the juvenile will reside; and
(ii) The sheriff of the county in which the juvenile will reside.
(b)(i) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of an individual who is found to have committed a violent offense or a sex offense, is twenty-one years of age or younger, and has not received a high school diploma or its equivalent, to the designated recipient of the school where the juvenile either: (A) Was enrolled prior to incarceration or detention; or (B) has expressed an intention to enroll following his or her release. This notice must also include the restrictions described in subsection (5) of this section.
(ii) The community residential facility shall provide written notice of the offender's criminal history to the designated recipient of any school that the offender attends while residing at the community residential facility and to any employer that employs the offender while residing at the community residential facility.
(iii) As used in this subsection, "designated recipient" means: (A) The superintendent of the school district, or his or her designee, of a common school as defined in RCW 28A.150.020 or a school that is the subject of a state-tribal education compact under chapter 28A.715 RCW; (B) the administrator of a charter public school governed by chapter 28A.710 RCW; or (C) the administrator of a private school approved under chapter 28A.195 RCW.
(c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:
(i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.
(d) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.
(2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.
In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved private elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district.
(6) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;
(d) "Next of kin" means a person's spouse, parents, siblings, and children.
[ 2021 c 206 s 5; 2020 c 167 s 7; 1999 c 198 s 1; 1997 c 265 s 2; 1995 c 324 s 1. Prior: 1994 c 129 s 6; 1994 c 78 s 1; 1993 c 27 s 1; 1990 c 3 s 101. ]
NOTES:
Contingent effective date—Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
Severability—1997 c 265: See note following RCW 13.40.160.
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.
(2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the secretary shall issue to appropriate law enforcement agencies narrative notices regarding the pending release of sex offenders from the department's juvenile rehabilitation facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification.
(3) For the purposes of this section, the department shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The department shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The department shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large.
[ 1997 c 364 s 2; 1990 c 3 s 102. ]
NOTES:
Severability—1997 c 364: See note following RCW 4.24.550.
In any proceeding under this chapter related to an arrest for prostitution or prostitution loitering, there is a presumption that the alleged offender meets the criteria for a certification as a victim of a severe form of trafficking in persons as defined in section 7105 of Title 22 of the United States code, and that the alleged offender is also a victim of commercial sex abuse of a minor.
[ 2010 c 289 s 9. ]
(1) Dispositions reviewed pursuant to RCW 13.40.160 shall be reviewed in the appropriate division of the court of appeals.
An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.
(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range.
(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.
(5) The disposition court may impose conditions on release pending appeal as provided in RCW * 13.40.040(4) and 13.40.050(6).
(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.
[ 1997 c 338 s 35; 1981 c 299 s 16; 1979 c 155 s 72; 1977 ex.s. c 291 s 77. ]
NOTES:
*Reviser's note: RCW 13.40.040 was amended by 2002 c 171 s 2, changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
All references to juvenile delinquents or juvenile delinquency in other chapters of the Revised Code of Washington shall be construed as meaning juvenile offenders or the commitment of an offense by juveniles as defined by this chapter.
[ 1977 ex.s. c 291 s 78. ]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
A traffic infraction, transit infraction, or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.
(1) If a notice of a traffic infraction, transit infraction, or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.
(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic infraction, transit infraction, or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.
(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community restitution, or educational or informational sessions.
(4) Traffic infractions, transit infractions, or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by RCW 13.40.630.
(5) A diversion agreement entered into by a juvenile referred pursuant to this section may include a requirement that the juvenile participate in a district or municipal youth court program under chapter 3.72 RCW, provided the youth court program accepts the referral and only subject to the following conditions:
(a) Upon entering the diversion agreement, the juvenile shall be referred to the youth court program, the completion of which shall be the only condition of the diversion agreement;
(b) The juvenile shall not serve more than thirty hours of participation in the youth court program;
(c) Other than filing a petition for termination of the diversion agreement in juvenile court, nothing concerning the juvenile's participation in the youth court program shall be filed in any public court file concerning the juvenile's participation or presence in the youth court program. The only written record of participation shall be the diversion agreement entered into with the juvenile court, subject to confidentiality under chapter 13.50 RCW. No court cause number shall be assigned to the case against the juvenile while he or she participates in the youth court program. The proceedings in the youth court program shall be on open record and may be recorded if necessary;
(d) Nothing concerning the alleged offense or the diversion shall be reported to the department of licensing;
(e) The youth court program may refer the juvenile back to the juvenile diversion unit for termination of the diversion agreement due to noncompliance at any time prior to completion; and
(f) The juvenile court diversion unit shall maintain primary jurisdiction over supervision of the juvenile during his or her participation in the youth court program. The youth court shall notify the diversion unit upon completion of the youth court program and the diversion agreement shall be complete.
[ 2020 c 191 s 5. Prior: 2002 c 237 s 19; 2002 c 175 s 28; 1997 c 338 s 36; 1980 c 128 s 16. ]
NOTES:
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1980 c 128: See notes following RCW 46.63.060.
(1) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(2)(a)(v) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense while armed with a firearm, first unlawful possession of a firearm offense, or first offense in violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(3) If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
[ 2023 c 295 s 11; 2022 c 268 s 40; 2020 c 18 s 11; 2016 c 136 s 6; 2003 c 53 s 101; 1997 c 338 s 37; 1994 sp.s. c 7 s 435; 1989 c 271 s 116; 1988 c 148 s 2. ]
NOTES:
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Effective dates—2022 c 268: See note following RCW 7.105.010.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Severability—1989 c 271: See note following RCW 9.94A.510.
Legislative finding—1988 c 148: "The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some instances results in lifelong disabilities.
The legislature also finds that juveniles who unlawfully use alcohol and controlled substances frequently operate motor vehicles while under the influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an unduly high risk of causing injury or death to themselves or other persons on the public highways.
The legislature also finds that juveniles will be deterred from the unlawful use of alcohol and controlled substances if their driving privileges are suspended or revoked for using illegal drugs or alcohol." [ 1988 c 148 s 1.]
Severability—1988 c 148: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 148 s 10.]
(1) The secretary of the department of children, youth, and families, with the consent of the secretary of the department of corrections, has the authority to transfer a juvenile presently or hereafter committed to the department of children, youth, and families to the department of corrections for appropriate institutional placement in accordance with this section.
(2) The secretary of the department of children, youth, and families may, with the consent of the secretary of the department of corrections, transfer a juvenile offender to the department of corrections if it is established at a hearing before a review board that continued placement of the juvenile offender in an institution for juvenile offenders presents a continuing and serious threat to the safety of others in the institution. The department of children, youth, and families shall establish rules for the conduct of the hearing, including provision of counsel for the juvenile offender.
(3) Assaults made against any staff member at a juvenile corrections institution that are reported to a local law enforcement agency shall require a hearing held by the department of children, youth, and families review board within ten judicial working days. The board shall determine whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution.
(4) Upon conviction in a court of law for custodial assault as defined in RCW 9A.36.100, the department of children, youth, and families review board shall conduct a second hearing, within five judicial working days, to recommend to the secretary of the department of children, youth, and families that the convicted juvenile be transferred to an adult correctional facility if the review board has determined the juvenile offender represents a continuing and serious threat to the safety of others in the institution.
The juvenile has the burden to show cause why the transfer to an adult correctional facility should not occur.
(5) A juvenile offender transferred to an institution operated by the department of corrections shall not remain in such an institution beyond the maximum term of confinement imposed by the juvenile court.
(6) A juvenile offender who has been transferred to the department of corrections under this section may, in the discretion of the secretary of the department of children, youth, and families and with the consent of the secretary of the department of corrections, be transferred from an institution operated by the department of corrections to a facility for juvenile offenders deemed appropriate by the secretary.
[ 2017 3rd sp.s. c 6 s 611. Prior: 1989 c 410 s 2; 1989 c 407 s 8; 1983 c 191 s 22. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Purpose—1989 c 410: "The legislature recognizes the ever-increasing severity of offenses committed by juvenile offenders residing in this state's juvenile detention facilities and the increasing aggressive nature of detained juveniles due to drugs and gang-related violence. The purpose of this act is to provide necessary protection to state employees and juvenile residents of these institutions from assaults committed against them by juvenile detainees." [ 1989 c 410 s 1.]
A juvenile offender ordered to serve a term of confinement with the department of children, youth, and families who is subsequently sentenced to the department of corrections may, with the consent of the department of corrections, be transferred by the secretary of children, youth, and families to the department of corrections to serve the balance of the term of confinement ordered by the juvenile court. The juvenile and adult sentences shall be served consecutively. In no case shall the secretary credit time served as a result of an adult conviction against the term of confinement ordered by the juvenile court.
[ 2017 3rd sp.s. c 6 s 612; 1983 c 191 s 23. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
(1) Except as provided in (a) through (c) of this subsection, a juvenile offender may not be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility beyond the juvenile offender's 21st birthday.
(a) A juvenile offender adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 25th birthday, but not beyond.
(b) A juvenile offender adjudicated of a murder in the first or second degree offense committed at age 14 or older or a juvenile offender adjudicated of a rape in the first degree offense committed at age 15 or older may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond.
(c) A juvenile offender who is 18 or older at the time of the adjudication may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond, in order to serve a standard range disposition.
(2)(a) The juvenile court has jurisdiction over, and may place an individual under the authority of the department in the following circumstances:
(i) Except as provided under RCW 13.04.030 and 13.40.110, when the individual is under the age of 21 at the time of the filing of the information and is accused of committing a criminal offense that occurred when the individual was under the age of 18; or
(ii) If proceedings are pending in a case in which jurisdiction is vested in the adult criminal court pursuant to RCW 13.04.030 and an automatic extension is required because either:
(A) The individual is found not guilty of the charge for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in RCW 13.04.030(1)(e)(v), and the matter is transferred to juvenile court pursuant to RCW 13.04.030(1)(e)(v)(C)(II); or
(B) The parties agree to juvenile court jurisdiction with the court's approval pursuant to RCW 13.04.030(1)(e)(v)(C)(III).
(b) Upon a finding of guilt in juvenile court, the juvenile court maintains jurisdiction to allow for imposition, execution, and enforcement of the court's order of disposition, subject to the limitations in this section.
(3) If an order of disposition imposes a commitment to the department for a juvenile offender:
(a) Adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, adjudicated of a murder in the first or second degree offense committed at age 14 or older, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is automatically extended to include a period of up to 24 months of parole, in no case extending beyond the offender's 25th birthday; or
(b) Adjudicated of a rape in the first degree offense committed at age 15 or older, then jurisdiction for parole is automatically extended to include a period of no less than 24 months and no more than 36 months of parole, in no case extending beyond the offender's 25th birthday.
(4) Pursuant to the terms of RCW 13.40.190, the juvenile court maintains jurisdiction beyond the juvenile offender's 21st birthday for the purpose of enforcing an order of restitution or penalty assessment.
(5) Except as otherwise provided herein, in no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's 21st birthday.
(6) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person 18 years of age or older.
[ 2024 c 117 s 1; 2019 c 322 s 3; 2018 c 162 s 7; (2018 c 162 s 6 expired July 1, 2019); 2017 3rd sp.s. c 6 s 613; 2005 c 238 s 2; 2000 c 71 s 2; 1994 sp.s. c 7 s 530; 1986 c 288 s 6; 1983 c 191 s 17; 1981 c 299 s 17; 1979 c 155 s 73; 1975 1st ex.s. c 170 s 1. Formerly RCW 13.04.260. ]
NOTES:
Application—2024 c 117: "(1) The amendments in RCW 13.40.300(1)(c) in this act apply to all charges that are filed on or after June 6, 2024, regardless of whether the charges are based on conduct that occurred before or after June 6, 2024.
(2) The amendments in RCW 13.40.300(2) and 13.40.110 in this act apply to all cases in which charges are pending on June 6, 2024, and to all cases in which charges are filed on or after June 6, 2024, regardless of whether the charges are based on conduct that occurred before or after June 6, 2024." [ 2024 c 117 s 5.]
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Effective date—2018 c 162 ss 2 and 7: See note following RCW 13.04.030.
Expiration date—2018 c 162 ss 1 and 6: See note following RCW 13.04.030.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2000 c 71: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2000]." [ 2000 c 71 s 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1986 c 288: See note following RCW 43.185C.260.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
The department must take appropriate actions to protect younger children in confinement from older youth who may be confined pursuant to chapter 162, Laws of 2018, recognizing both the potential for positive mentorship and the potential risks relating to victimization and the exercise of negative influence. The court may exercise oversight if needed to accomplish the goals of this section.
[ 2018 c 162 s 8. ]
NOTES:
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
If a juvenile is adjudicated of theft of a motor vehicle under RCW 9A.56.065, possession of a stolen vehicle under RCW 9A.56.068, taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070(1), or taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075(1) and is sentenced to local sanctions, the juvenile's disposition shall include an evaluation to determine whether the juvenile is in need of community-based rehabilitation services and to complete any treatment recommended by the evaluation.
[ 2007 c 199 s 12. ]
NOTES:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
(1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined to a private residence for no less than five days. The juvenile may be subject to electronic monitoring where available. If the juvenile is enrolled in school, the confinement shall be served on nonschool days;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration, four months of parole supervision, and ninety hours of community restitution.
(2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision and either ninety hours of community restitution or a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than five days, or a combination thereof that includes a minimum of three days home confinement and a minimum of forty hours of community restitution. The juvenile may be subject to electronic monitoring where available;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration, four months of parole supervision, and ninety hours of community restitution.
(3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes three months of community supervision, fifteen hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than one day. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than one day of detention, three months of community supervision, thirty hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than two days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than three days of detention, six months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than seven days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available.
[ 2016 c 136 s 4; 2009 c 454 s 4; 2007 c 199 s 15. ]
NOTES:
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
(1) The department may contract with a community-based nonprofit organization to establish a three-step transitional treatment program for gang and drug-involved juvenile offenders committed to the custody of the department under this chapter. Any such program shall provide six to twenty-four months of treatment. The program shall emphasize the principles of self-determination, unity, collective work and responsibility, cooperative economics, and creativity. The program shall be culturally relevant and appropriate and shall include:
(a) A culturally relevant and appropriate institution-based program that provides comprehensive drug and alcohol services, individual and family counseling, and a wilderness experience of constructive group living, rigorous physical exercise, and academic studies;
(b) A culturally relevant and appropriate community-based structured group living program that focuses on individual goals, positive community involvement, coordinated drug and alcohol treatment, coordinated individual and family counseling, academic and vocational training, and employment in apprenticeship, internship, and entrepreneurial programs; and
(c) A culturally relevant and appropriate transitional group living program that provides support services, academic services, and coordinated individual and family counseling.
(2) Participation in any such program shall be on a voluntary basis.
(3) The department shall adopt rules as necessary to implement any such program.
[ 2017 3rd sp.s. c 6 s 614; 1991 c 326 s 4. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—1991 c 326: "The legislature finds that a destructive lifestyle of drug and street gang activity is rapidly becoming prevalent among some of the state's youths. Gang and drug activity may be a culturally influenced phenomenon which the legislature intends public and private agencies to consider and address in prevention and treatment programs. Gang and drug-involved youths are more likely to become addicted to drugs or alcohol, live in poverty, experience high unemployment, be incarcerated, and die of violence than other youths." [ 1991 c 326 s 3.]
(1) The department may establish a medium security juvenile offender basic training camp program. This program for juvenile offenders serving a term of confinement under the supervision of the department is exempt from the licensing requirements of chapter 74.15 RCW.
(2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp.
(3) The juvenile offender basic training camp shall be a structured and regimented model emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, work experience, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.
The department shall develop standards for the safe and effective operation of the juvenile offender basic training camp program, for an offender's successful program completion, and for the continued after-care supervision of offenders who have successfully completed the program.
(4) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of not more than sixty-five weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.
(5) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. The evaluation shall include, at a minimum, a risk assessment developed by the department and designed to determine the offender's suitability for the program. No juvenile who is assessed as a high risk offender or suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.
(6) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend one hundred twenty days of their disposition in a juvenile offender basic training camp. This period may be extended for up to forty days by the secretary if a juvenile offender requires additional time to successfully complete the basic training camp program. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to standards developed by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.
(7) All offenders who successfully graduate from the juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a department juvenile rehabilitation intensive aftercare program in the local community. Violation of the conditions of parole is subject to sanctions specified in RCW 13.40.210(4). The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department.
(8) The department shall also develop and maintain a database to measure recidivism rates specific to this incarceration program. The database shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The database shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program.
[ 2017 3rd sp.s. c 6 s 615; 2015 3rd sp.s. c 23 s 1; 2002 c 354 s 234; 2001 c 137 s 1; 1997 c 338 s 38; 1995 c 40 s 1; 1994 sp.s. c 7 s 532. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Findings and intent—Juvenile basic training camps—1994 sp.s. c 7: "The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly statewide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.
The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism." [ 1994 sp.s. c 7 s 531.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
The provisions of RCW 10.01.040 apply to chapter 13.40 RCW.
[ 1979 c 155 s 74. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
The administrative office of the courts shall collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile offenders due to economic, gender, geographic, or racial factors that may result from implementation of section 1, chapter 373, Laws of 1993. The administrative office of the courts may, in consultation with juvenile courts, determine a format for the collection of such data and a schedule for the reporting of such data and shall keep a minimum of five years of data at any given time.
[ 2005 c 282 s 27; 2003 c 207 s 13; 1993 c 373 s 2. ]
NOTES:
Severability—1993 c 373: See note following RCW 13.40.020.
The secretary or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
The secretary or the secretary's designee shall:
(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety;
(c) Rehabilitative resources both within and outside the department;
(d) An assessment of each offender's risk of sexually aggressive behavior as provided in RCW 13.40.470; and
(e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in RCW 13.40.470;
(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
(6) Develop placement criteria:
(a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
(b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk youth or child in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;
(7) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
(8)(a) The department shall develop uniform policies related to custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that are to be followed in all juvenile rehabilitation facilities; and
(b) The department will report assaults in accordance with the policies developed in (a) of this subsection.
[ 2017 3rd sp.s. c 6 s 616; 2003 c 229 s 1; 1999 c 372 s 2; 1997 c 386 s 54; 1994 sp.s. c 7 s 516. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Implementation deadline—1997 c 386 s 54: "The policy developed under RCW 13.40.460(6)(b) shall be implemented within the juvenile rehabilitation administration and the division of children and family services by July 1, 1998." [ 1997 c 386 s 55.]
Finding—Intent—1997 c 386 ss 50-55: See note following RCW 13.40.470.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
(1) The department shall establish a reinvesting in youth program that awards grants to counties for implementing research-based early intervention services that target juvenile justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
(2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth program.
(3) Counties that participate in the reinvesting in youth program shall have a portion of their costs of serving youth through the research-based intervention service models paid for with moneys from the reinvesting in youth account established pursuant to *RCW 13.40.466.
(4) The department shall review county applications for funding through the reinvesting in youth program and shall select the counties that will be awarded grants with funds appropriated to implement this program. The department, in consultation with the Washington state institute for public policy, shall develop guidelines to determine which counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must meet the following criteria in order to participate in the reinvesting in youth program:
(a) Counties must match state moneys awarded for research-based early intervention services with nonstate resources that are at least proportional to the expected local government share of state and local government cost avoidance that would result from the implementation of such services;
(b) Counties must demonstrate that state funds allocated pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464;
(c) Counties must participate fully in the state quality assurance program established in RCW 13.40.468 to ensure fidelity of program implementation. If no state quality assurance program is in effect for a particular selected research-based service, the county must submit a quality assurance plan for state approval with its grant application. Failure to demonstrate continuing compliance with quality assurance plans shall be grounds for termination of state funding; and
(d) Counties that submit joint applications must submit for approval by the department multicounty plans for efficient program delivery.
[ 2017 3rd sp.s. c 6 s 617; 2011 1st sp.s. c 32 s 4; 2006 c 304 s 2. ]
NOTES:
*Reviser's note: RCW 13.40.466 was repealed by 2023 c 41 s 1.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Transition plan—Report to the legislature—2011 1st sp.s. c 32: See note following RCW 70.305.005.
Finding—Intent—2006 c 304: "The legislature finds that there are youth and family-focused intervention services that have been proven through rigorous evaluation in the state of Washington and elsewhere to significantly reduce violence and crime while saving more public safety dollars than they cost. Under current state laws, no local government acting alone has the financial incentive to invest in these cost-effective services because the savings accrue to multiple levels of government with the largest savings going to the state. It is the intent of the legislature to create incentives for local government to invest in cost-effective intervention services that reduce crime by reimbursing local governments with a portion of the cost savings that accrue to the state as the result of local investments in such services." [ 2006 c 304 s 1.]
Entitlement not created—2006 c 304: "Nothing in this act creates an entitlement for a county or group of counties to receive funding under the program in sections 2 and 3 of this act." [ 2006 c 304 s 8.]
Effective date—2006 c 304: "This act takes effect July 1, 2006." [ 2006 c 304 s 9.]
(1)(a) In order to receive funding through the reinvesting in youth program established pursuant to RCW 13.40.462, intervention service models must meet the following minimum criteria:
(i) There must be scientific evidence from at least one rigorous evaluation study of the specific service model that measures recidivism reduction;
(ii) There must be evidence that the specific service model's results can be replicated outside of an academic research environment;
(iii) The evaluation or evaluations of the service model must permit dollar cost estimates of both benefits and costs so that the benefit-cost ratio of the model can be calculated; and
(iv) The public taxpayer benefits to all levels of state and local government must exceed the service model costs.
(b) In calendar year 2006, for use beginning in fiscal year 2008, the Washington state institute for public policy shall publish a list of service models that are eligible for reimbursement through the investing in youth program. As authorized by the board of the institute and to the extent necessary to respond to new research and information, the institute shall periodically update the list of service models. The institute shall use the technical advisory committee established in *RCW 13.40.462(5) to review and provide comments on the list of service models that are eligible for reimbursement.
(2) In calendar year 2006, for use beginning in fiscal year 2008, the Washington state institute for public policy shall review and update the methodology for calculating cost savings resulting from implementation of this program. As authorized by the board of the institute and to the extent necessary to respond to new research and information, the institute shall periodically further review and update the methodology. As authorized by the board of the institute, when the institute reviews and updates the methodology for calculating cost savings, the institute shall provide an estimate of savings and avoided costs resulting from this program, along with a projection of future savings and avoided costs, to the appropriate committees of the legislature. The institute shall use the technical advisory committee established in *RCW 13.40.462(5) to review and provide comments on its methodology and cost calculations.
(3) In calendar year 2006, for use beginning in fiscal year 2008, the department shall establish a distribution formula to provide funding to local governments that implement research-based intervention services pursuant to this program. The department shall periodically update the distribution formula. The distribution formula shall require that the state allocation to local governments be proportional to the expected state government share of state and local government cost avoidance that would result from the implementation of such services based on the methodology maintained by the Washington state institute for public policy pursuant to subsection (2) of this section. The department shall use the technical advisory committee established in *RCW 13.40.462(5) to review and provide comments on its proposed distribution formula.
[ 2017 3rd sp.s. c 6 s 618; 2006 c 304 s 3. ]
NOTES:
*Reviser's note: RCW 13.40.462 was amended by 2011 1st sp.s. c 32 s 4, deleting subsection (5).
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Entitlement not created—Effective date—2006 c 304: See notes following RCW 13.40.462.
The department shall establish a state quality assurance program. The department shall monitor the implementation of intervention services funded pursuant to *RCW 13.40.466 and shall evaluate adherence to service model design and service completion rate.
[ 2017 3rd sp.s. c 6 s 620; 2006 c 304 s 6. ]
NOTES:
*Reviser's note: RCW 13.40.466 was repealed by 2023 c 41 s 1.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Entitlement not created—Effective date—2006 c 304: See notes following RCW 13.40.462.
(1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual victimization by other youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:
(a) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;
(b) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who may be vulnerable to victimization by youth identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior and youth assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where youth are assigned to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.
[ 1997 c 386 s 50. ]
NOTES:
Finding—Intent—1997 c 386 ss 50-55: "The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends the department of social and health services to develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities." [ 1997 c 386 s 49.]
(1) Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.
(2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.
(b) Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.
[ 1998 c 269 s 12. ]
NOTES:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.
The legislature finds that meaningful community involvement is vital to the juvenile justice system's ability to respond to the serious problem of juvenile crime. Citizens and crime victims need to be active partners in responding to crime, in the management of resources, and in the disposition decisions regarding juvenile offenders in their community. Involvement of citizens and crime victims increase offender accountability and build healthier communities, which will reduce recidivism and crime rates in Washington state.
The legislature also finds that local governments are in the best position to develop, coordinate, and manage local community prevention, intervention, and corrections programs for juvenile offenders, and to determine local resource priorities. Local community management will build upon local values and increase local control of resources, encourage the use of a comprehensive range of community-based intervention strategies.
The primary purpose of RCW 13.40.500 through 13.40.540, the community juvenile accountability act, is to provide a continuum of community-based programs that emphasize the juvenile offender's accountability for his or her actions while assisting him or her in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety.
[ 1997 c 338 s 60. ]
NOTES:
Evaluation—Report—1997 c 338 ss 60-64: "The Washington state institute for public policy shall evaluate the costs and benefits of the programs funded in sections 60 through 64 of this act. The evaluation must measure whether the programs cost-effectively reduce recidivism and crime rates in Washington state. The institute shall submit reports to the governor and the legislature by December 1, 1998, and December 1, 2000." [ 1997 c 338 s 65.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the department for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of the local law and justice councils established under RCW 72.09.300;
(b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500 through 13.40.540;
(c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
(4) The department, in consultation with the Washington association of juvenile court administrators and the state law and justice advisory council, shall establish guidelines for programs that may be funded under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target referred and diverted youth, as well as adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing community-based intervention strategies;
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies.
(6) For purposes of this section and RCW * 13.40.541 and 13.40.511, "referred youth" means a youth who:
(a) Was contacted by a law enforcement officer and the law enforcement officer has probable cause to believe that he or she has committed a crime;
(b) Was referred to a program that allows youth to enter before being diverted or charged with a juvenile offense; and
(c) Would have been diverted or charged with a juvenile offense, if not for the program to which he or she was referred.
[ 2019 c 461 s 1; 2017 3rd sp.s. c 6 s 621; 2010 1st sp.s. c 7 s 62; 1997 c 338 s 61. ]
NOTES:
*Reviser's note: RCW 13.40.541 expired July 1, 2021.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) As of July 28, 2019, the block grant oversight committee must implement a stop loss policy when allocating funding under RCW 13.40.510. The stop loss policy must limit the loss in funding for any juvenile court from one year to the next. The block grant oversight committee must establish a minimum base level of funding for juvenile courts with lower numbers of at-risk youth ten years of age and over but under eighteen years of age. The department of children, youth, and families must report, in compliance with RCW 43.01.036, to the legislature by December 1, 2019, about how funding is used for referred youth and the impact of that use on overall use of funding.
(2) For purposes of this section, "block grant oversight committee" means a committee established by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts that provides block grant funding formula oversight with equal representation from the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts. The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information. The committee is cochaired by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts, who have the ability to change members of the committee as needed to achieve its purpose.
[ 2019 c 461 s 3. ]
NOTES:
Reviser's note: Although 2019 c 461 s 3 did not include a codification directive, codification in chapter 13.40 RCW appears to be appropriate.
(1) The state may make grants to local governments for the provision of community-based programs for juvenile offenders. The grants must be made under a grant formula developed by the department, in consultation with the Washington association of juvenile court administrators.
(2) Upon certification by the department that a proposal satisfies the application and selection criteria, grant funds will be distributed to the local government agency that administers funding for consolidated juvenile services.
[ 2017 3rd sp.s. c 6 s 622; 1997 c 338 s 62. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds.
The Washington state institute for public policy shall develop standards for measuring the effectiveness of juvenile accountability programs established and approved under RCW 13.40.510. The standards must be developed and presented to the governor and legislature not later than January 1, 1998. The standards must include methods for measuring success factors following intervention. Success factors include, but are not limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, convictions for subsequent offenses, and restitution to victims.
[ 1997 c 338 s 63. ]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) Each community juvenile accountability program approved and funded under RCW 13.40.500 through 13.40.540 shall comply with the information collection requirements in subsection (2) of this section and the reporting requirements in subsection (3) of this section.
(2) The information collected by each community juvenile accountability program must include, at a minimum for each juvenile participant: (a) The name, date of birth, gender, social security number, and, when available, the juvenile information system (JUVIS) control number; (b) an initial intake assessment of each juvenile participating in the program; (c) a list of all juveniles who completed the program; and (d) an assessment upon completion or termination of each juvenile, including outcomes and, where applicable, reasons for termination.
(3) The department shall annually compile the data and report to the legislature on: (a) The programs funded under RCW 13.40.500 through 13.40.540; (b) the total cost for each funded program and cost per juvenile; and (c) the essential elements of the program.
[ 2017 3rd sp.s. c 6 s 623; 1997 c 338 s 64. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
RCW 13.40.500 through 13.40.540 may be known as the community juvenile accountability act.
[ 1997 c 338 s 66. ]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
(1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an offender has occurred, notwithstanding any rule adopted under chapter 41.06 RCW the secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender.
(4) The secretary shall disqualify for employment with a contractor in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a contract with a contractor who has taken action under subsection (3) or (4) of this section, shall require the contractor to demonstrate that there has been significant progress made in reducing the likelihood that any of its employees will have sexual intercourse or sexual contact with an offender. The secretary shall examine whether the contractor has taken steps to improve hiring, training, and monitoring practices and whether the employee remains with the contractor. The secretary shall not renew a contract unless he or she determines that significant progress has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.
(ii) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the public.
(iii) Except as provided in chapter 42.56 RCW, or elsewhere, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section. Nothing in this section implies that information regarding persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this section. The rules shall reflect the legislative intent that this section prohibits individuals who are employed by the department or a contractor of the department from having sexual intercourse or sexual contact with offenders. The rules shall also reflect the legislative intent that when a person is employed by the department or a contractor of the department, and has sexual intercourse or sexual contact with an offender against the employed person's will, the termination provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings provided in RCW 9A.44.010.
[ 2005 c 274 s 210; 1999 c 72 s 1. ]
NOTES:
Application—1999 c 72: "Nothing in section 1 or 2 of this act affects any collective bargaining agreement in place on July 25, 1999." [ 1999 c 72 s 3.]
Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to *RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in chapter 237, Laws of 2002. Youth courts are diversion units and not courts established under Article IV of the state Constitution.
[ 2002 c 237 s 9. ]
NOTES:
*Reviser's note: RCW 13.40.070 was amended by 2010 c 289 s 7, changing subsection (7) to subsection (8).
(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:
(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem behavior;
(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with their peers more effectively; and
(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.
(2) Youth court programs under this section may be established by private nonprofit organizations and schools, upon prior approval and under the supervision of juvenile court.
[ 2002 c 237 s 10. ]
(1) Youth courts have authority over juveniles ages eight through seventeen who:
(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are referred for;
(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and
(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.
(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.
(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.
(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.
[ 2002 c 237 s 11. ]
Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.
[ 2002 c 237 s 12. ]
Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.
[ 2002 c 237 s 13. ]
(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:
(a) Participating in law-related education classes, appropriate counseling, treatment, or other education [educational] programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.
(5) [A] youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.
(6) [A] youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.
[ 2002 c 237 s 14. ]
(1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee at an institution or detention facility makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the employee of the institution or detention facility determines that extraordinary circumstances exist and restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth no restraints of any kind may be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of a patient by treating physicians licensed under Title 18 RCW.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or detention facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all restraints.
[ 2010 c 181 s 11. ]
(1) The director of the juvenile detention facility shall provide an informational packet about the requirements of chapter 181, Laws of 2010 to all medical staff and nonmedical staff who are involved in the transportation of youth who are pregnant, as well as such other staff as appropriate. The informational packet provided to staff under this section shall be developed as provided in RCW 70.48.800.
(2) The director shall cause the requirements of chapter 181, Laws of 2010 to be provided to all youth who are pregnant, at the time the facility assumes custody of the person. In addition, the facility shall cause a notice containing the requirements of chapter 181, Laws of 2010 to be posted in conspicuous locations in the detention facilities, including but not limited to the locations in which medical care is provided within the facilities.
[ 2010 c 181 s 12. ]
(1) The legislature finds that exchange of intimate images by minors is increasingly common, and that such actions may lead to harm and long-term consequences. The legislature intends to develop age-appropriate prevention and interventions to prevent harm and to hold accountable youth who harm others through exchange of intimate images.
(2) The Washington coalition of sexual assault programs, in consultation with the office of the superintendent of public instruction, the Washington association for the treatment of sexual abusers, the department of children, youth, and families, the department of social and health services, the juvenile court administrators, the Washington association of prosecuting attorneys, representatives from public defense, youth representatives, and other relevant stakeholders, shall convene a work group to make recommendations to the legislature regarding age-appropriate prevention and intervention strategies to address potential harms caused by exchange of intimate images by minors.
(3) By December 1, 2019, the work group shall make a report to the legislature identifying education, prevention, and other responses to the harms that may be associated with exchange of intimate images by minors.
[ 2019 c 128 s 2. ]
NOTES:
Short title—2019 c 128: "This act may be known and cited as the responsible teen communications act." [ 2019 c 128 s 1.]
Cities, towns, and counties may not impose any legal financial obligations, fees, fines, or costs associated with juvenile offenses unless there is express statutory authority for those legal financial obligations, fees, fines, or costs.
[ 2015 c 265 s 5. ]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
The department of children, youth, and families shall adopt rules, policies, and procedures as may be needed to implement a community transition services program required by chapter 206, Laws of 2021, to include the following:
(1) Identification and regular monitoring of metrics of quality implementation for the community transition program, and regularly publishing outcome analyses for program participants; and
(2) Allowing for the use of new electronic home monitoring equipment and technologies as they become available that eliminate or minimize trauma, social stigma, and racial injustice, and imposing penalties for the knowing or intentional tampering, damaging, or destruction of equipment that renders it not fully functional.
[ 2021 c 206 s 7. ]
NOTES:
Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
(1) At least 30 days before release from a residential facility, the secretary shall send written notice of the planned release to the person's health care insurance provider. The notice shall include the person's current location and contact information as well as the person's expected location and contact information upon release. The notice shall not disclose the person's incarceration status unless their consent is given.
(2) If the person is not enrolled in a health insurance program, the secretary and the health care authority shall assist the person in obtaining coverage for which they are eligible in accordance with the time frames specified in subsection (1) of this section.
(3) The secretary may share with the health insurance provider additional health information related to the person to assist with care coordination and continuity of care consistent with RCW 70.02.230(2)(u) and other provisions of chapter 70.02 RCW.
[ 2021 c 265 s 3. ]
(1) Except as provided in subsection (4) of this section, law enforcement shall provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by videoconference, before the juvenile waives any constitutional rights if a law enforcement officer:
(a) Questions a juvenile during a custodial interrogation;
(b) Detains a juvenile based on probable cause of involvement in criminal activity; or
(c) Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.
(2) The consultation required by subsection (1) of this section may not be waived.
(3) Statements made by a juvenile after the juvenile is contacted by a law enforcement officer in a manner described under subsection (1) of this section are not admissible in a juvenile offender or adult criminal court proceeding, unless:
(a) The juvenile has been provided with access to an attorney for consultation; and the juvenile provides an express waiver knowingly, intelligently, and voluntarily made by the juvenile after the juvenile has been fully informed of the rights being waived as required under RCW 13.40.140;
(b) The statement is for impeachment purposes; or
(c) The statement was made spontaneously.
(4) A law enforcement officer may question a juvenile without following the requirement in subsection (1) of this section if:
(a) The law enforcement officer believes the juvenile is a victim of trafficking as defined in RCW 9A.40.100; however, any information obtained from the juvenile by law enforcement pursuant to this subsection cannot be used in any prosecution of that juvenile; or
(b)(i) The law enforcement officer believes that the information sought is necessary to protect an individual's life from an imminent threat;
(ii) A delay to allow legal consultation would impede the protection of an individual's life from an imminent threat; and
(iii) Questioning by the law enforcement officer is limited to matters reasonably expected to obtain information necessary to protect an individual's life from an imminent threat.
(5) After the juvenile has consulted with legal counsel, the juvenile may advise, direct a parent or guardian to advise, or direct legal counsel to advise the law enforcement officer that the juvenile chooses to assert a constitutional right. Any assertion of constitutional rights by the juvenile through legal counsel must be treated by a law enforcement officer as though it came from the juvenile. The waiver of any constitutional rights of the juvenile may only be made according to the requirements of RCW 13.40.140.
(6) For purposes of this section, the following definitions apply:
(a) "Juvenile" means any individual who is under the chronological age of 18 years; and
(b) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, including school resource officers as defined in RCW 28A.320.124 and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
[ 2021 c 328 s 1. ]
NOTES:
Effective date—2021 c 328: "This act takes effect January 1, 2022." [ 2021 c 328 s 7.]
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall develop and implement a grant program that allows defense attorneys and counties to apply for funding for sex offender evaluation and treatment programs.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide funding to counties for process mapping, site assessment, and training for additional sex offender treatment modalities such as multisystemic therapy-problem sexual behavior or problematic sexual behavior-cognitive behavioral therapy.
[ 2023 c 150 s 2. ]
NOTES:
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.
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 s 43. ]
(1) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
(a) "Detention facility" means:
(i) Any detention facility as defined under RCW 13.40.020; and
(ii) Any juvenile correctional facility under alternative administration operated by a consortium of counties under RCW 13.04.035;
(b) "Good faith effort to pay" means a juvenile offender has either (i) paid the principal amount in full; (ii) made at least 80 percent of the value of full monthly payments within the period from disposition or deferred disposition until the time the amount of restitution owed is under review; or (iii) can show good cause why he or she paid an amount less than 80 percent of the value of full monthly payments;
(c) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the oversight board for children, youth, and families, the office of the family and children's ombuds, the department of social and health services and its contracting agencies, the department of children, youth, and families and its contracting agencies, schools; persons or public or private agencies having children committed to their custody; and any placement oversight committee created under RCW 72.05.415;
(d) "Managed care organization" and "behavioral health administrative services organization" have the same meanings as in RCW 71.24.025;
(e) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, notices of hearing or appearance, service documents, witness and exhibit lists, findings of the court and court orders, agreements, judgments, decrees, notices of appeal, as well as documents prepared by the clerk, including court minutes, letters, warrants, waivers, affidavits, declarations, invoices, and the index to clerk papers;
(f) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case;
(g) "Social file" means the juvenile court file containing the records and reports of the probation counselor.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services or the department of children, youth, and families relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to ensure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) The court shall release to the caseload forecast council the records needed for its research and data-gathering functions. Access to caseload forecast data may be permitted by the council for research purposes only if the anonymity of all persons mentioned in the records or information will be preserved.
(10) Juvenile detention facilities shall release records to the caseload forecast council upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
(11) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the oversight board for children, youth, and families or the office of the family and children's ombuds.
(12) For the purpose of research only, the administrative office of the courts shall maintain an electronic research copy of all records in the judicial information system related to juveniles. Access to the research copy is restricted to the administrative office of the courts for research purposes as authorized by the supreme court or by state statute. The administrative office of the courts shall maintain the confidentiality of all confidential records and shall preserve the anonymity of all persons identified in the research copy. Data contained in the research copy may be shared with other governmental agencies as authorized by state statute, pursuant to data-sharing and research agreements, and consistent with applicable security and confidentiality requirements. The research copy may not be subject to any records retention schedule and must include records destroyed or removed from the judicial information system pursuant to RCW 13.50.270 and 13.50.100(3).
(13) The court shall release to the Washington state office of public defense records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.70.020. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of public defense. The Washington state office of public defense shall maintain the confidentiality of all confidential information included in the records.
(14) The court shall release to the Washington state office of civil legal aid records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.53.045. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of civil legal aid. The Washington state office of civil legal aid shall maintain the confidentiality of all confidential information included in the records, and shall, as soon as possible, destroy any retained notes or records obtained under this section that are not necessary for its functions related to RCW 2.53.045.
(15) For purposes of providing for the educational success of youth in foster care, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with meeting the educational needs of current and former foster youth to another state agency or state agency's contracted provider responsible under state law or contract for assisting current and former foster youth to attain educational success. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(16) For the purpose of ensuring the safety and welfare of the youth who are in foster care, the department of children, youth, and families may disclose to the department of commerce and its contracted providers responsible under state law or contract for providing services to youth, only those confidential child welfare records that pertain to ensuring the safety and welfare of the youth who are in foster care who are admitted to crisis residential centers or HOPE centers under contract with the office of homeless youth prevention and protection. Records disclosed under this subsection retain their confidentiality pursuant to this chapter and federal law and may not be further disclosed except as permitted by this chapter and federal law.
(17) For purposes of investigating and preventing child abuse and neglect, and providing for the health care coordination and the well-being of children in foster care, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with investigation and prevention of child abuse and neglect, or may assist with providing for the health and well-being of children in foster care to the department of social and health services, the health care authority, or their contracting agencies. For purposes of investigating and preventing child abuse and neglect, and to provide for the coordination of health care and the well-being of children in foster care, the department of social and health services and the health care authority may disclose only those confidential child welfare records that pertain to or may assist with investigation and prevention of child abuse and neglect, or may assist with providing for the health care coordination and the well-being of children in foster care to the department of children, youth, and families, or its contracting agencies. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(18) For the purpose of investigating child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, and child fatality, child physical abuse, and criminal neglect cases for the well-being of the child, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with such an investigation pursuant to RCW 26.44.180 and 26.44.175. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(19) The records of a person confined in a detention facility may be made available to managed care organizations and behavioral health administrative services organizations as defined in RCW 71.24.025 for the purpose of care coordination activities. The receiving organization must hold records in confidence and comply with all relevant state and federal statutes regarding privacy of disclosed records.
[ 2024 c 99 s 1. Prior: 2019 c 470 s 22; 2019 c 82 s 1; 2018 c 58 s 78; 2017 3rd sp.s. c 6 s 312; 2017 c 277 s 1; prior: 2016 c 93 s 2; 2016 c 72 s 109; 2016 c 71 s 2; prior: 2015 c 265 s 2; 2015 c 262 s 1; prior: 2014 c 175 s 2; 2014 c 117 s 5; 2013 c 23 s 6; 2011 1st sp.s. c 40 s 30; 2010 c 150 s 3; 2009 c 440 s 1; 1998 c 269 s 4; prior: 1997 c 386 s 21; 1997 c 338 s 39; 1996 c 232 s 6; 1994 sp.s. c 7 s 541; 1993 c 374 s 1; 1990 c 246 s 8; 1986 c 288 s 11; 1979 c 155 s 8. ]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2017 3rd sp.s. c 6 ss 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.
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Intent—2016 c 71: See note following RCW 28A.300.590.
Finding—Intent—2015 c 265: "The legislature finds that requiring juvenile offenders to pay all legal financial obligations before being eligible to have a juvenile record administratively sealed disproportionately affects youth based on their socioeconomic status. Juveniles who cannot afford to pay their legal financial obligations cannot seal their juvenile records once they turn eighteen and oftentimes struggle to find employment. By eliminating most nonrestitution legal financial obligations for juveniles convicted of less serious crimes, juvenile offenders will be better able to find employment and focus on making restitution payments first to the actual victim. This legislation is intended to help juveniles understand the consequences of their actions and the harm that those actions have caused others without placing insurmountable burdens on juveniles attempting to become productive members of society. Depending on the juvenile's ability to pay, and upon the consent of the victim, courts should also strongly consider ordering community restitution in lieu of paying restitution where appropriate." [ 2015 c 265 s 1.]
Findings—Intent—2014 c 175: "The legislature finds that:
(1) The primary goal of the Washington state juvenile justice system is the rehabilitation and reintegration of former juvenile offenders. The public has a compelling interest in the rehabilitation of former juvenile offenders and their successful reintegration into society as active, law-abiding, and contributing members of their communities. When juvenile court records are publicly available, former juvenile offenders face substantial barriers to reintegration, as they are denied housing, employment, and education opportunities on the basis of these records.
(2) The legislature declares it is the policy of the state of Washington that the interest in juvenile rehabilitation and reintegration constitutes compelling circumstances that outweigh the public interest in continued availability of juvenile court records. The legislature intends that juvenile court proceedings be openly administered but, except in limited circumstances, the records of these proceedings be closed when the juvenile has reached the age of eighteen and completed the terms of disposition." [ 2014 c 175 s 1.]
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Alphabetization—1998 c 269: "The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references." [ 1998 c 269 s 18.]
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.
Application—1997 c 386: "Sections 8 through 14 and 17 through 34 of this act apply only to incidents occurring on or after January 1, 1998." [ 1997 c 386 s 67.]
Effective date—1997 c 386: "Sections 8 through 13 and 21 through 34 of this act take effect January 1, 1998." [ 1997 c 386 s 68.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective dates—1996 c 232: See note following RCW 13.40.030.
Application—1994 sp.s. c 7 ss 540-545: "Sections 540 through 545 of this act shall apply to offenses committed on or after July 1, 1994." [ 1994 sp.s. c 7 s 917.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1990 c 246: See note following RCW 13.34.060.
Severability—1986 c 288: See note following RCW 43.185C.260.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) This section and RCW 13.50.260 and 13.50.270 govern records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to RCW 13.50.260.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this chapter , RCW 13.40.215 and 4.24.550.
(4) Except as otherwise provided in this chapter, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.
(8) The juvenile court and the prosecutor may set up and maintain a central recordkeeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central recordkeeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central recordkeeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(11) Any juvenile to whom the provisions of this section or RCW 13.50.260 or 13.50.270 may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(12) Nothing in this section or RCW 13.50.260 or 13.50.270 may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(13) Except as provided in RCW 13.50.270(2), no identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(14) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
[ 2014 c 175 s 3; 2012 c 177 s 2. Prior: 2011 c 338 s 4; 2011 c 333 s 4; 2010 c 150 s 2; 2008 c 221 s 1; 2004 c 42 s 1; prior: 2001 c 175 s 1; 2001 c 174 s 1; 2001 c 49 s 2; 1999 c 198 s 4; 1997 c 338 s 40; 1992 c 188 s 7; 1990 c 3 s 125; 1987 c 450 s 8; 1986 c 257 s 33; 1984 c 43 s 1; 1983 c 191 s 19; 1981 c 299 s 19; 1979 c 155 s 9. ]
NOTES:
Rules of court: Superior Court Criminal Rules (CrR), generally. Discovery: CrR 4.7.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Application—2011 c 333: "RCW 13.50.050 (14)(b) and (17)(b) apply to all records of a full and unconditional pardon and should be applied retroactively as well as prospectively." [ 2011 c 333 s 5.]
Findings—Intent—2011 c 333: See note following RCW 19.182.040.
Intent—2001 c 49: "The legislature intends to change the results of the holding of State v. T. K., 139 Wn. 2d 320 (1999), and have any motion made after July 1, 1997, to seal juvenile records be determined by the provisions of RCW 13.50.050 in effect after July 1, 1997." [ 2001 c 49 s 1.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Findings—Intent—Severability—1992 c 188: See notes following RCW 7.69A.020.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1) This section governs records not covered by RCW 13.50.050, 13.50.260, and 13.50.270.
(2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.
(3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no other case history, and records of a juvenile's parents who have no other case history, shall be removed from the judicial information system when the juvenile is no longer subject to the compulsory attendance laws in chapter 28A.225 RCW. A county clerk is not liable for unauthorized release of this data by persons or agencies not in his or her employ or otherwise subject to his or her control, nor is the county clerk liable for inaccurate or incomplete information collected from litigants or other persons required to provide identifying data pursuant to this section.
(4) Subject to (a) of this subsection, the department of children, youth, and families may release information retained in the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody of a minor under chapter 11.130 RCW.
(a) Information that may be released shall be limited to information regarding investigations in which: (i) The juvenile was an alleged victim of abandonment or abuse or neglect; or (ii) the petitioner for custody of the juvenile, or any individual aged sixteen or older residing in the petitioner's household, is the subject of a founded or currently pending child protective services investigation made by the department of social and health services or the department of children, youth, and families subsequent to October 1, 1998.
(b) Additional information may only be released with the written consent of the subject of the investigation and the juvenile alleged to be the victim of abandonment or abuse and neglect, or the parent, custodian, guardian, or personal representative of the juvenile, or by court order obtained with notice to all interested parties.
(5) Any disclosure of records or information by the department of social and health services or the department of children, youth, and families, pursuant to this section shall not be deemed a waiver of any confidentiality or privilege attached to the records or information by operation of any state or federal statute or regulation, and any recipient of such records or information shall maintain it in such a manner as to comply with such state and federal statutes and regulations and to protect against unauthorized disclosure.
(6) A contracting agency or service provider of the department of social and health services or the department of children, youth, and families, that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombuds information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen years, unless such release is otherwise specifically prohibited by law.
(7) A juvenile, his or her parents, the juvenile's attorney, and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:
(a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or
(b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or
(c) That the department of children, youth, and families or the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.
(8) A juvenile or his or her parent denied access to any records following an agency determination under subsection (7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsection (7)(a) and (b) of this section.
(9) The person making a motion under subsection (8) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(10) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (7) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.
(11) No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020(1) may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.
[ 2020 c 312 s 121; 2019 c 470 s 21; 2017 3rd sp.s. c 6 s 313; 2014 c 175 s 8; 2013 c 23 s 7; 2003 c 105 s 2; 2001 c 162 s 2; 2000 c 162 s 18; 1999 c 390 s 3; 1997 c 386 s 22; 1995 c 311 s 16; 1990 c 246 s 9; 1983 c 191 s 20; 1979 c 155 s 10. ]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2017 3rd sp.s. c 6 ss 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—Intent—2014 c 175: See note following RCW 13.50.010.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Any communication or advice privileged under RCW 5.60.060 that is disclosed by the office of the attorney general, the department of children, youth, and families, or the department of social and health services to the office of the family and children's ombuds may not be deemed to be a waiver of the privilege as to others.
[ 2017 3rd sp.s. c 6 s 314; 2013 c 23 s 8; 1999 c 390 s 8. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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.
Nothing in this chapter shall be construed to prevent the expungement of any juvenile record ordered expunged by a court to preserve the due process rights of its subject.
[ 1977 ex.s. c 291 s 13. Formerly RCW 13.04.276, see 1979 c 155 s 12. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Records of disposition for a juvenile offense must be provided to schools as provided in RCW 13.04.155.
[ 1997 c 266 s 8. ]
NOTES:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.
Notwithstanding any other provision of this chapter, whenever a child is arrested for a violation of any law, including municipal ordinances, regulating the operation of vehicles on the public highways, a copy of the traffic citation and a record of the action taken by the court shall be forwarded by the juvenile court to the department of licensing in the same manner as provided in RCW 46.20.270.
[ 1979 c 155 s 13; 1977 ex.s. c 291 s 14. Formerly RCW 13.04.278. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
This chapter applies to all juvenile justice or care agency records created on or after July 1, 1978.
[ 1979 c 155 s 11. ]
NOTES:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
(1)(a) The court shall hold regular sealing hearings. During these regular sealing hearings, the court shall administratively seal an individual's juvenile record pursuant to the requirements of this subsection. Although the juvenile record shall be sealed, the social file may be available to any juvenile justice or care agency when an investigation or case involving the juvenile subject of the records is being prosecuted by the juvenile justice or care agency or when the juvenile justice or care agency is assigned the responsibility of supervising the juvenile. The juvenile respondent's presence is not required at any administrative sealing hearing.
(b) At the disposition hearing of a juvenile offender, the court shall schedule an administrative sealing hearing to take place during the first regularly scheduled sealing hearing after the latest of the following events that apply:
(i) The respondent's eighteenth birthday;
(ii) Anticipated end date of a respondent's probation, if ordered;
(iii) Anticipated release from confinement at the juvenile rehabilitation administration, or the completion of parole, if the respondent is transferred to the juvenile rehabilitation administration.
(c) The court shall not schedule an administrative sealing hearing at the disposition and no administrative sealing hearing shall occur if one of the offenses for which the court has entered a disposition is at the time of commission of the offense:
(i) A most serious offense, as defined in RCW 9.94A.030;
(ii) A sex offense under chapter 9A.44 RCW; or
(iii) A drug offense, as defined in RCW 9.94A.030.
(d) At the time of the scheduled administrative sealing hearing, the court shall enter a written order sealing the respondent's juvenile court record pursuant to this subsection if the court finds by a preponderance of the evidence that the respondent is no longer on supervision for the case being considered for sealing and has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage. In determining whether the respondent is on supervision or owes restitution, the court shall take judicial notice of court records, including records of the county clerk, and, if necessary, sworn testimony from a representative of the juvenile department.
(e) At the time of the administrative sealing hearing, if the court finds the respondent remains on supervision for the case being considered for sealing, then the court shall continue the administrative sealing hearing to a date within thirty days following the anticipated end date of the respondent's supervision. At the next administrative sealing hearing, the court shall again determine the respondent's eligibility for sealing his or her juvenile court record pursuant to (d) of this subsection, and, if necessary, continue the hearing again as provided in this subsection.
(f)(i) During the administrative sealing hearing, if the court finds the respondent is no longer on supervision for the case being considered for sealing, but the respondent has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding any public or private entity providing insurance coverage or health care coverage, the court shall deny sealing the juvenile court record in a written order that: (A) Specifies the amount of restitution that remains unpaid to the original victim, excluding any public or private entity providing insurance coverage or health care coverage; and (B) provides direction to the respondent on how to pursue the sealing of records associated with this cause of action.
(ii) Within five business days of the entry of the written order denying the request to seal a juvenile court record, the juvenile court department staff shall notify the respondent of the denial by providing a copy of the order of denial to the respondent in person or in writing mailed to the respondent's last known address in the department of licensing database or the respondent's address provided to the court, whichever is more recent.
(iii) At any time following entry of the written order denying the request to seal a juvenile court record, the respondent may contact the juvenile court department, provide proof of payment of the remaining unpaid restitution to the original victim, excluding any public or private entity providing insurance coverage or health care coverage, and request an administrative sealing hearing. Upon verification of the satisfaction of the restitution payment, the juvenile court department staff shall circulate for signature an order sealing the file, and file the signed order with the clerk's office, who shall seal the record.
(iv) The administrative office of the courts must ensure that sealed juvenile records remain private in case of an appeal and are either not posted or redacted from any clerks papers that are posted online with the appellate record, as well as taking any other prudent steps necessary to avoid exposing sealed juvenile records to the public.
(2) Except for dismissal of a deferred disposition under RCW 13.40.127, the court shall enter a written order immediately sealing the official juvenile court record upon the acquittal after a fact-finding or upon the dismissal of charges with prejudice, subject to the state's right, if any, to appeal the dismissal.
(3) If a juvenile court record has not already been sealed pursuant to this section, in any case in which information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any; resolve the status of any debts owing; and, subject to RCW 13.50.050(13), order the sealing of the official juvenile court record, the social file, and records of the court and of any other agency in the case, with the exception of identifying information under RCW 13.50.050(13).
(4)(a) The court shall grant any motion to seal records for class A offenses made pursuant to subsection (3) of this section if:
(i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
(iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
(v) The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; and
(vi) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage.
(b) The court shall grant any motion to seal records for class B, class C, gross misdemeanor, and misdemeanor offenses and diversions made under subsection (3) of this section if:
(i) Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
(ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
(iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense; and
(v) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW.
(c) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is eighteen years of age or older at the time of the motion.
(5) The person making a motion pursuant to subsection (3) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose records are sought to be sealed.
(6)(a) If the court enters a written order sealing the juvenile court record pursuant to this section, it shall, subject to RCW 13.50.050(13), order sealed the official juvenile court record, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(b) In the event the subject of the juvenile records receives a full and unconditional pardon, the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events upon which the pardon was received. Any agency shall reply to any inquiry concerning the records pertaining to the events for which the subject received a pardon that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(c) Effective July 1, 2019, the department of licensing may release information related to records the court has ordered sealed only to the extent necessary to comply with federal law and regulation.
(7) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and 13.50.050(13).
(8)(a) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying a sealing order; however, the court may order the juvenile court record resealed upon disposition of the subsequent matter if the case meets the sealing criteria under this section and the court record has not previously been resealed.
(b) Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order.
(c) The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.
(d) The Washington state patrol shall ensure that the Washington state identification system provides Washington state criminal justice agencies access to sealed juvenile records information.
(e) The Washington state patrol shall ensure that the Washington state identification system provides non-Washington criminal justice agencies access to sealed juvenile records only for the purposes of processing and purchasing firearms, concealed pistol licenses, or noncitizen firearms licenses, or releasing of firearms from evidence.
(f) Non-Washington criminal justice agencies that access sealed juvenile records pursuant to this subsection shall not knowingly disseminate the accessed records or any information derived therefrom to any third party. Dissemination of such records or such information shall subject the disseminating agency to the jurisdiction of the courts of Washington and a civil penalty of not more than $1,000 per violation.
(9) If the juvenile court record has been sealed pursuant to this section, the record of an employee is not admissible in an action for liability against the employer based on the former juvenile offender's conduct to show that the employer knew or should have known of the juvenile record of the employee. The record may be admissible, however, if a background check conducted or authorized by the employer contained the information in the sealed record.
(10) County clerks may interact or correspond with the respondent, his or her parents, restitution recipients, and any holders of potential assets or wages of the respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.
(11) Persons and agencies that obtain sealed juvenile records information pursuant to this section may communicate about this information with the respondent, but may not disseminate or be compelled to release the information to any person or agency not specifically granted access to sealed juvenile records in this section.
(12) All criminal justice agencies must not disclose confidential information or sealed records accessed through the Washington state identification system or other means, and no information can be given to third parties, other than criminal justice agencies, about the existence or nonexistence of confidential or sealed records concerning an individual.
[ 2026 c 36 s 21; 2023 c 180 s 1; 2020 c 184 s 1; 2015 c 265 s 3; 2014 c 175 s 4. ]
NOTES:
Retroactive application—2020 c 184: "This act applies to all juvenile record sealing hearings commenced on or after January 1, 2021, regardless of when the underlying hearing was scheduled or the underlying record was created. To this extent, this act applies retroactively, but in all other respects it applies prospectively." [ 2020 c 184 s 4.]
Effective date—2020 c 184: "Sections 1, 2, and 4 of this act take effect January 1, 2021." [ 2020 c 184 s 5.]
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
(1)(a) Subject to RCW 13.50.050(13), all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for destruction when:
(i) The person who is the subject of the information or complaint is at least eighteen years of age;
(ii) The records in question consist of successfully completed diversion agreements and counsel and release agreements, or both, which were completed on or after June 7, 2018; and
(iii) There is no restitution owing in the case.
(b) Notwithstanding this subsection (1), records of successfully completed diversion agreements and counsel and release agreements remain subject to destruction under the terms set forth in subsections (2) through (4) of this section, as well as sealing under RCW 13.50.260.
(c) No less than quarterly, the administrative office of the courts shall provide a report to the juvenile courts of those individuals whose records may be eligible for destruction. The juvenile court shall verify eligibility and notify the Washington state patrol and the appropriate local law enforcement agency and prosecutor's office of the records to be destroyed. The requirement to destroy records under this subsection is not dependent on a court hearing or the issuance of a court order to destroy records.
(d) The state and local governments and their officers and employees are not liable for civil damages for the failure to destroy records pursuant to this section.
(2) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within thirty days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.
(3)(a) A person may request that the court order the records in his or her case destroyed as follows:
(i) A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008. The request shall be granted if the court finds that two years have elapsed since completion of the agreement or counsel and release.
(ii) A person twenty-three years of age or older whose criminal history consists of only referrals for diversion. The request shall be granted if the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
(b) If the court grants the motion to destroy records made pursuant to this subsection, it shall, subject to RCW 13.50.050(13), order the official juvenile court record, the social file, and any other records named in the order to be destroyed.
(c) The person making the motion pursuant to this subsection must give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(4) Any juvenile justice or care agency may, subject to the limitations in RCW 13.50.050(13) and this section, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older or pursuant to subsection (1) of this section.
(b) The court may not routinely destroy the official juvenile court record or recordings or transcripts of any proceedings.
[ 2018 c 82 s 5; 2014 c 175 s 5. ]
NOTES:
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
(1) Courts and judicial agencies that maintain a database of juvenile records may provide those records, whether sealed or not, to government agencies for the purpose of carrying out research or data gathering functions. This data may also be linked with records from other agencies or research organizations, provided that any agency receiving or using records under this subsection maintain strict confidentiality of the identity of the juveniles who are the subjects of such records.
(2) Juvenile records, whether sealed or not, can be provided without personal identifiers to researchers conducting legitimate research for educational, scientific, or public purposes, so long as the data is not used by the recipients of the records to identify an individual with a juvenile record.
[ 2015 c 265 s 9. ]
NOTES:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
(1) The Washington state patrol shall establish a missing children and endangered person clearinghouse which shall include the maintenance and operation of a toll-free telephone hotline. The clearinghouse shall distribute information to local law enforcement agencies, school districts, the department of children, youth, and families, and the general public regarding missing children and endangered persons. The information shall include pictures, bulletins, training sessions, reports, and biographical materials that will assist in local law enforcement efforts to locate missing children and endangered persons. The state patrol shall also maintain a regularly updated computerized link with national and other statewide missing person systems or clearinghouses, and within existing resources, shall develop and implement a plan, commonly known as an "amber alert plan" or an "endangered missing person advisory plan" which includes "silver alert" and "missing indigenous person alert" designations for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, cable and satellite systems, and social media pages and sites to enhance the public's ability to assist in recovering abducted children and missing endangered persons consistent with the state endangered missing person advisory plan.
(2) For the purposes of this chapter:
(a) "Child" or "children" means an individual under 18 years of age.
(b) "Missing endangered person" means:
(i) A missing indigenous woman or indigenous person; or
(ii) A person who is believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance and who is:
(A) A person with a developmental disability as defined in *RCW 71A.10.020(5);
(B) A vulnerable adult as defined in RCW 74.34.020; or
(C) A person who has been diagnosed as having Alzheimer's disease or other age-related dementia.
(c) "Missing indigenous person alert" means the designated title of a missing endangered person advisory that will be used on a variable message sign and text of the highway advisory radio message when used as part of an activated advisory to assist in the recovery of a missing indigenous person.
(d) "Silver alert" means the designated title of a missing endangered person advisory that will be used on a variable message sign and text of the highway advisory radio message when used as part of an activated advisory to assist in the recovery of a missing endangered person age 60 or older.
[ 2022 c 256 s 2; 2017 3rd sp.s. c 6 s 315; 2015 1st sp.s. c 2 s 2; 2013 c 285 s 1; 2009 c 20 s 1; 1985 c 443 s 22. ]
NOTES:
*Reviser's note: RCW 71A.10.020 was amended by 2022 c 277 s 2, changing subsection (5) to subsection (6).
Finding—Intent—2022 c 256: "The legislature finds that indigenous people experience disproportionate rates of violence in Washington state. Tribes, state leaders, and grassroots activists have done substantial work to identify factors directly affecting the rates of violence and to ensure that addressing the crisis of missing and murdered indigenous people is a priority at every level. The legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people, and to compensate for the unique challenges that indigenous communities face accessing media coverage and the ability to share information." [ 2022 c 256 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 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—2015 1st sp.s. c 2: "The legislature finds that Washington state's elderly population is growing and the number of individuals with dementia is increasing. The legislature further finds that approximately sixty percent of individuals with dementia will wander at least once and, that if not found within twenty-four hours, up to half of wandering seniors with dementia will suffer serious injury or death. The legislature further finds that the state of Washington has a compelling interest in protecting the safety of vulnerable citizens with cognitive impairments. The legislature further finds that creating a public notification system to broadcast information about missing persons with Alzheimer's disease, dementia, or other mental disabilities to aid in their safe return will help prevent unnecessary suffering and death." [ 2015 1st sp.s. c 2 s 1.]
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Local law enforcement agencies shall file an official missing person report and enter biographical information into the state missing person computerized network within six hours after notification of a missing child or endangered person is received under *RCW 13.32A.050(1) (a), (c), or (d), or an endangered missing person received pursuant to the state endangered missing person advisory plan. The patrol shall collect such information as will enable it to retrieve immediately the following information about a missing child or endangered person: Name, date of birth, social security number, fingerprint classification, relevant physical descriptions, and known associates and locations. Access to the preceding information shall be available to appropriate law enforcement agencies, and to parents and legal guardians, when appropriate.
[ 2013 c 285 s 2; 1985 c 443 s 23. ]
NOTES:
*Reviser's note: RCW 13.32A.050 was recodified as RCW 43.185C.260 pursuant to 2015 c 69 s 30. RCW 43.185C.260 was subsequently amended by 2019 c 312 s 15, deleting subsection (1)(d).
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
The superintendent of public instruction shall meet semiannually with the Washington state patrol to develop a coordinated plan for the distribution of information and education of teachers and students in the school districts of the state regarding the missing children problem in the state. The superintendent of public instruction shall encourage local school districts to cooperate by providing the state patrol information on any missing children that may be identified within the district.
[ 1985 c 443 s 24. ]
NOTES:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
The department of children, youth, and families shall develop a procedure for reporting missing children information to the missing children clearinghouse on children who are receiving departmental services in each of its administrative regions. The purpose of this procedure is to link parents to missing children. When the department has obtained information that a minor child has been located at a facility funded by the department, the department shall notify the clearinghouse and the child's legal custodian, advising the custodian of the child's whereabouts or that the child is subject to a dependency action. The department shall inform the clearinghouse when reunification occurs.
[ 2017 3rd sp.s. c 6 s 316; 1999 c 267 s 18. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 ss 10-26: See RCW 74.15.900 and 74.15.901.
Within existing resources, the Washington state patrol shall develop and implement a plan, commonly known as an "endangered missing person advisory plan," for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public's ability to assist in recovering endangered missing persons who do not qualify for inclusion in an amber alert.
[ 2009 c 20 s 2. ]
The legislature finds a compelling need to address the problem of missing children, whether those children have been abducted by a stranger, are missing due to custodial interference, or are classified as runaways. Washington state ranks twelfth in the nation for active cases of missing juveniles and, at any given time, more than one thousand eight hundred Washington children are reported as missing. The potential for physical and psychological trauma to these children is extreme. Therefore, the legislature finds that it is paramount for the safety of these children that there be a concerted effort to resolve cases of missing and exploited children.
Due to the complexity of many child abduction cases, most law enforcement personnel are unprepared and lack adequate resources to successfully and efficiently investigate these crimes. Therefore, it is the intent of the legislature that a multiagency task force be established within the Washington state patrol, to be available to assist local jurisdictions in missing child cases through referrals, on-site assistance, case management, and training. The legislature intends that the task force will increase the effectiveness of a specific case investigation by drawing from the combined resources, knowledge, and technical expertise of the members of the task force.
[ 1999 c 168 s 1. ]
NOTES:
Short title—1999 c 168: "This act may be known and cited as the Teekah Lewis act." [ 1999 c 168 s 4.]
(1) A task force on missing and exploited children is established in the Washington state patrol. The task force shall be under the direction of the chief of the state patrol.
(2) The task force is authorized to assist law enforcement agencies, upon request, in cases involving missing or exploited children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national, and international agencies; and
(e) Coordination and information sharing among local, state, interstate, and federal law enforcement and social service agencies.
(3) To maximize the efficiency and effectiveness of state resources and to improve interagency cooperation, the task force shall, where feasible, use existing facilities, systems, and staff made available by the state patrol and other local, state, interstate, and federal law enforcement and social service agencies. The chief of the state patrol may employ such additional personnel as are necessary for the work of the task force and may share personnel costs with other agencies.
(4) The chief of the state patrol shall seek public and private grants and gifts to support the work of the task force.
(5) For the purposes of this chapter, "exploited children" means children under the age of eighteen who are employed, used, persuaded, induced, enticed, or coerced to engage in, or assist another person to engage in, sexually explicit conduct. "Exploited children" also means the rape, molestation, or use for prostitution of children under the age of eighteen.
[ 2016 c 208 s 2; 2009 c 518 s 4; 1999 c 168 s 2. ]
NOTES:
Finding—Intent—2016 c 208: "The legislature finds that the advisory board on missing and exploited children has successfully achieved seamless communication and coordinated efforts between Washington state agencies investigating child exploitation cases under the oversight of the Washington state patrol, thereby fully satisfying the purposes and goals of the advisory board as established in 1999 under RCW 13.60.120. The legislature therefore intends to ensure the multiagency task force on missing and exploited children continues to operate under the oversight of the Washington state patrol and continue to successfully identify and arrest individuals who exploit children." [ 2016 c 208 s 1.]
Short title—1999 c 168: See note following RCW 13.60.100.
Any minor who is sixteen years of age or older and who is a resident of this state may petition in the superior court for a declaration of emancipation.
[ 1993 c 294 s 1. ]
(1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.
(2) Fees for this section are set under RCW 36.18.014.
[ 1995 c 292 s 7; 1993 c 294 s 2. ]
The petitioner shall serve a copy of the filed petition and notice of hearing on the petitioner's parent or parents, guardian, or custodian at least fifteen days before the emancipation hearing. No summons shall be required. Service shall be waived if proof is made to the court that the address of the parent or parents, guardian, or custodian is unavailable or unascertainable. The petitioner shall also serve notice of the hearing on the department of children, youth, and families if the petitioner is subject to dependency disposition order under RCW 13.34.130. The hearing shall be held no later than sixty days after the date on which the petition is filed.
[ 2017 3rd sp.s. c 6 s 317; 1993 c 294 s 3. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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.
(1) The hearing on the petition shall be before a judicial officer, sitting without a jury. Prior to the presentation of proof the judicial officer shall determine whether: (a) The petitioning minor understands the consequences of the petition regarding his or her legal rights and responsibilities; (b) a guardian ad litem should be appointed to investigate the allegations of the petition and file a report with the court.
(2) For the purposes of this section, the term "judicial officer" means: (a) A judge; (b) a superior court commissioner of a unified family court if the county operates a unified family court; or (c) any superior court commissioner if the county does not operate a unified family court. The term does not include a judge pro tempore.
[ 2001 c 161 s 1; 1993 c 294 s 4. ]
(1) The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a dependent minor, the department of children, youth, and families, may oppose the petition for emancipation. The court shall deny the petition unless it finds, by clear and convincing evidence, that denial of the grant of emancipation would be detrimental to the interests of the minor.
(3) Upon entry of a decree of emancipation by the court the petitioner shall be given a certified copy of the decree. The decree shall instruct the petitioner to obtain a Washington driver's license or a Washington identification card and direct the department of licensing make a notation of the emancipated status on the license or identification card.
[ 2017 3rd sp.s. c 6 s 318; 1993 c 294 s 5. ]
NOTES:
Effective date—2017 3rd sp.s. c 6 ss 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.
(1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving health care services.
(2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to *RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.
[ 1994 sp.s. c 7 s 436; 1993 c 294 s 6. ]
NOTES:
*Reviser's note: RCW 13.04.030 was amended by 1997 c 341 s 3, changing subsection (1)(e)(iv) to subsection (1)(e)(v).
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
A declaration of emancipation obtained by fraud is voidable. The voiding of any such declaration shall not affect any obligations, rights, or interests that arose during the period the declaration was in effect.
[ 1993 c 294 s 7. ]
The administrative office of the courts shall prepare and distribute to the county court clerks appropriate forms for minors seeking to initiate a petition of emancipation.
[ 2005 c 282 s 28; 1993 c 294 s 8. ]
This act shall take effect January 1, 1994.
[ 1993 c 294 s 11. ]
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 s 44. ]
The learning and life skills grant program is created. The purpose of the program is to provide services, to the extent funds are appropriated, for court-involved youth under the age of twenty-one to help the youth attain the necessary life skills and educational skills to obtain a certificate of educational competency, obtain employment, return to a school program, or enter a postsecondary education or job-training program.
[ 1994 c 152 s 1. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Court-involved youth" means those youth under the age of twenty-one who, within the past twenty-four months:
(a) Have served a court-imposed sentence;
(b) Are or have been on probation or parole; or
(c) Are involved in a legal proceeding in which the youth may be found to have committed a criminal or juvenile offense and are not participating in a diversion agreement under RCW 13.40.080.
(2) "Department" means the department of social and health services.
[ 1994 c 152 s 2. ]
(1) The learning and life skills program grants shall be administered by the department.
(2) The department shall select individual school districts or groups of school districts through an educational service district that agree to establish a program for court-involved youth. To be eligible for grants, the district shall agree to expend for the program no less than the amount of state funds received on a full-time equivalent student basis for the number of full-time equivalent students participating in the program. The school district shall also transmit to the program any federal funds received for students participating in the program. During the 1994-95 school year, only school districts or educational service districts operating a program for court-involved youth on or before June 1, 1993, are eligible for grants.
(3) The department shall grant funds, to the extent funds are appropriated, to selected districts for the district to provide or contract for the provision of facilities and case management and counseling services for students in the program.
(4) In selecting districts, the department shall require districts to enter into agreements. Districts participating in the program shall agree to the following: To serve only court-involved youth in the program and give priority to those students who have few other educational options; to design a program to meet the specific needs of court-involved youth generally and the specific needs of individual students; to collaborate with the county courts and local community organizations; and to define program goals clearly.
(5) The department has the authority to withhold grant funds if the terms of the agreement are not met.
(6) Selected districts shall establish procedures to keep daily attendance records for students participating in the program.
(7) Selected districts shall agree to participate fully in an evaluation of the program by the department.
[ 1994 c 152 s 3. ]
The department may adopt rules, as necessary, to carry out its duties under this program.
[ 1994 c 152 s 4. ]
The department shall periodically evaluate the program including but not limited to providing data on the youth served, the type and extent of court involvement, the type of services provided, the length of stay of each student in the program, the academic progress of the youth, the recidivism rate, and rates of employment and enrollment in postsecondary education.
[ 1994 c 152 s 5. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of children, youth, and families.
(2) "Guardian" means a person who has been appointed by the court as the guardian of a vulnerable youth in a legal proceeding under this chapter. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW for the purpose of assisting the court in supervising the dependency. The term "guardian" does not include a "guardian" appointed pursuant to a proceeding under chapter 13.36 RCW or a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.
(3) "Juvenile court" or "court" means the juvenile division of the superior court.
(4) "Relative" means a person related to the child in the following ways:
(a) Any parent, or blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(b) A stepfather, stepmother, stepbrother, and stepsister;
(c) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
(d) Spouses of any persons named in (a) through (c) of this subsection (4), even after the marriage is terminated;
(e) Relatives, as described in (a) through (d) of this subsection (4), of any half-sibling of the child.
(5)(a) "Suitable person" means a nonrelative who has completed all required criminal history background checks as specified in (b) of this subsection and otherwise appears to be suitable and competent to provide care for the youth.
(b) The criminal background checks required in (a) of this subsection are those set out in *RCW 26.10.135 (1) and (2)(b), but apply only to the guardian and not to other adult members of the household.
(6) "Vulnerable youth" is an individual who has turned eighteen years old, but who is not yet twenty-one years old and who is eligible for classification under 8 U.S.C. Sec. 1101(a)(27)(J). A youth who remains in a vulnerable youth guardianship under this chapter shall not be considered a "child" under any other state statute or for any other purpose. A vulnerable youth is one who is not also a nonminor dependent who is participating in extended foster care services authorized under RCW 74.13.031.
[ 2018 c 58 s 75; 2017 c 279 s 3. ]
NOTES:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 s 905. RCW 26.10.115 was repealed by 2021 c 215 s 170, effective July 1, 2022.
Effective date—2018 c 58: See note following RCW 28A.655.080.
(1) A vulnerable youth may petition the court that a vulnerable youth guardianship be established for him or her by filing a petition in juvenile court under this chapter. The proposed guardian must agree to join in the petition, and must receive notice of the petition.
(2) To be designated as a proposed guardian in a petition under this chapter, a person must be age twenty-one or over, suitable, and capable of performing the duties of guardian under RCW 13.90.040, including but not limited to parents, licensed foster parents, relatives, and suitable persons.
(3) The petition must allege and show that:
(a) Both the petitioner and the proposed guardian agree to the establishment of a guardianship;
(b) The youth is between the ages of eighteen and twenty-one years;
(c) The youth is prima facie eligible to apply for classification under 8 U.S.C. Sec. 1101(a)(27)(J);
(d) The youth requests the support of a responsible adult; and
(e) The proposed guardian agrees to serve as guardian, and is a suitable adult over twenty-one years old who is capable of performing the duties of a guardian as stated in RCW 13.90.040.
(4) There must be no fee associated with the filing of a vulnerable youth guardianship petition by or for a vulnerable youth under this section.
[ 2017 c 279 s 4. ]
(1) At the hearing on a vulnerable youth guardianship petition, both parties, the vulnerable youth and the proposed guardian, have the right to present evidence and cross-examine witnesses. The rules of evidence apply to the conduct of the hearing.
(2) A vulnerable youth guardianship must be established if the court finds by a preponderance of the evidence that:
(a) The allegations in the petition are true;
(b) It is in the vulnerable youth's best interest to establish a vulnerable youth guardianship; and
(c) The vulnerable youth consents in writing to the appointment of a guardian.
(3) A guardianship established under subsection (2) of this section remains in effect as provided in RCW 13.90.060.
[ 2017 c 279 s 5. ]
(1) If the court has made the findings required under RCW 13.90.030, the court shall issue an order establishing a vulnerable youth guardianship for the vulnerable youth. The order shall:
(a) Appoint a person to be the guardian for the vulnerable youth;
(b) Provide that the guardian shall ensure that the legal rights of the vulnerable youth are not violated, and may specify the guardian's other rights and responsibilities concerning the care, custody, and nurturing of the vulnerable youth;
(c) Specify that the guardian shall not have possession of any identity documents belonging to the vulnerable youth; and
(d) Specify the need for and scope of continued oversight by the court, if any.
(2) Unless specifically ordered by the court, the standards and requirements for relocation in chapter 26.09 RCW do not apply to vulnerable youth guardianships established under this chapter.
(3) The court shall provide a certified copy of the vulnerable youth guardianship order to the vulnerable youth and the guardian.
(4) For an unrepresented vulnerable youth whose vulnerable youth guardian is a suitable person, as defined in RCW 13.90.010, the court shall provide a list of service providers and available resources for survivors of human trafficking, such as any relevant lists or materials created by the Washington state task force against the trafficking of persons under RCW 7.68.350.
[ 2017 c 279 s 6. ]
(1) The youth may move the court to modify the provisions of a vulnerable youth guardianship order at any time by: (a) Filing with the court a motion for modification and an affidavit setting forth facts supporting the requested modification; and (b) providing notice and a copy of the motion and affidavit to the other party. The nonmoving party may file and serve opposing affidavits.
(2) The youth may move the court to appoint a new guardian at any time by: (a) Filing with the court a motion for appointment of a new guardian and an affidavit setting forth facts supporting the requested appointment; and (b) providing notice and a copy of the motion and affidavit to the other party.
(3) The youth may move the court to substitute a new guardian, provided that the proposed new guardian is a suitable adult over twenty-one years old who is capable of performing the duties of a guardian as stated in RCW 13.90.040. The substitution of a new guardian must be permitted without termination of the vulnerable youth guardianship and the youth is not required to file a new vulnerable youth guardianship petition to substitute a guardian.
(4) If a party other than the youth moves the court to modify the provisions of a vulnerable youth guardianship order, the modification is subject to the youth's agreement.
[ 2017 c 279 s 7. ]
(1) The vulnerable youth guardianship terminates on the vulnerable youth's twenty-first birthday.
(2) The vulnerable youth may request the termination of the vulnerable youth guardianship at any time. The court shall terminate the vulnerable youth guardianship upon the request of the vulnerable youth. The vulnerable youth may also withdraw consent to the vulnerable youth guardianship at any time.
(3) The guardian may request termination of the vulnerable youth guardianship by filing a petition and supporting affidavit alleging a substantial change has occurred in the circumstances of the vulnerable youth or the guardian and that the termination is necessary to serve the best interests of the vulnerable youth. The petition and affidavit must be served on both parties to the vulnerable youth guardianship.
(4) Except as provided in subsection (2) of this section, the court shall not terminate a vulnerable youth guardianship unless it finds, upon the basis of facts that have arisen since the vulnerable youth guardianship was established or that were unknown to the court at the time the vulnerable youth guardianship was established, that a substantial change has occurred in the circumstances of the vulnerable youth or the guardian and that termination of the vulnerable youth guardianship is necessary to serve the best interests of the vulnerable youth. The effect of a guardian's duties while serving in the military potentially impacting vulnerable youth guardianship functions is not, by itself, a substantial change of circumstances justifying termination of a vulnerable youth guardianship.
[ 2017 c 279 s 8. ]
In all proceedings under this chapter to establish, modify, or terminate a vulnerable youth guardianship order, the vulnerable youth and the guardian or prospective guardian have the right to be represented by counsel of their choosing and at their own expense.
[ 2017 c 279 s 9. ]
Existing federal law, 8 U.S.C. Sec. 1101(a)(27)(J), establishes a procedure for classification of abandoned, abused, or neglected youth as special immigrants who have been declared dependent on a juvenile court or legally committed to or placed in the custody of a state agency or department, or placed under the custody of an individual or entity appointed by a state or juvenile court, and authorizes those youth to apply for an adjustment of status to that of a lawful permanent resident within the United States. A youth is age-eligible if the youth is under twenty-one years old. Existing state law already provides that superior courts have jurisdiction to make judicial determinations regarding the custody and care of juveniles.
This chapter authorizes a court to appoint a guardian for a vulnerable youth from eighteen to twenty-one years old, who is not participating in extended foster care services authorized under RCW 74.13.031, and who is eligible for classification under 8 U.S.C. Sec. 1101(a)(27)(J) with the consent of the proposed ward. This chapter also provides that a vulnerable youth guardianship of the person terminates on the youth's twenty-first birthday unless the youth requests termination prior to that date. Opening court doors for the provision of a vulnerable youth guardianship serves the state's interest in eliminating human trafficking, preventing further victimization of youth, decreasing reliance on public resources, reducing youth homelessness, and offering protection for youth who may otherwise be targets for traffickers.
[ 2017 c 279 s 1. ]
(1) The legislature finds and declares the following:
(a) Washington law grants the superior courts jurisdiction to make judicial determinations regarding the custody and care of youth within the meaning of the federal immigration and nationality act. Pursuant to 8 U.S.C. Sec. 1101(b), the term "child" means an unmarried person under twenty-one years of age. Superior courts are empowered to make the findings necessary for a youth to petition the United States citizenship and immigration services for classification under 8 U.S.C. Sec. 1101(a)(27)(J).
(b) 8 U.S.C. Sec. 1101(a)(27)(J) offers interim relief from deportation to undocumented, unmarried immigrant youth under twenty-one years old, if a state court with jurisdiction over juveniles has made specific findings.
(c) The findings necessary for a youth to petition for classification under 8 U.S.C. Sec. 1101(a)(27)(J) include, among others, a finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law, and a finding that it is not in the youth's best interest to be returned to the youth's country of origin.
(d) Misalignment between state and federal law continues to exist. Federal law allows a person under twenty-one years old, who otherwise meets the requirements for eligibility under 8 U.S.C. Sec. 1101(a)(27)(J), to file for relief. In Washington, however, vulnerable youth who are between eighteen and twenty-one years old have largely been unable to obtain the findings from the superior court necessary to seek classification under 8 U.S.C. Sec. 1101(a)(27)(J) and the relief that it was intended to afford them, solely because superior courts cannot take jurisdiction of these vulnerable youth under current law. This is true despite the fact that many vulnerable youth between eighteen and twenty-one years old face circumstances identical to those faced by their younger counterparts.
(e) Given the recent influx of vulnerable youth arriving to the United States, many of whom have been released to family members and other adults in Washington, and who have experienced parental abuse, neglect, or abandonment, it is necessary to provide an avenue for these vulnerable youth to petition the superior courts to appoint a guardian of the person, even if the youth is over eighteen years old. This is particularly necessary in light of the vulnerability of this class of youth, and their need for a custodial relationship with a responsible adult as they adjust to a new cultural context, language, and education system, and recover from the trauma of abuse, neglect, or abandonment. These custodial arrangements promote the long-term well-being and stability of vulnerable youth present in the United States who have experienced abuse, neglect, or abandonment by one or both parents.
(f) The legislature has an interest in combating human trafficking throughout Washington state. In 2003, Washington became the first state to enact a law making human trafficking a crime and has since continued its efforts to provide support services for victims of human trafficking while also raising awareness of human trafficking. Vulnerable youth who have been subject to parental abuse, neglect, or abandonment are particularly susceptible to becoming victims of human trafficking. By creating an avenue for a vulnerable youth guardianship for certain eligible individuals between eighteen and twenty-one years old, the legislature will provide such youth with the possibility for additional support and protection that a guardian can offer, which will make these youth less likely to become targets for human traffickers. Guardians can support vulnerable youth by providing them stable housing and caring for their basic necessities, which may help alleviate many of the risk factors that make such youth prime targets for trafficking and exploitation.
(g) Vulnerable youth guardianships of the person may be necessary and appropriate for these individuals, even between eighteen and twenty-one years old, although a vulnerable youth for whom a guardian has been appointed retains the rights of an adult under Washington law.
(2) It is the intent of the legislature to give the juvenile division of superior courts jurisdiction to appoint a guardian for a consenting vulnerable youth between eighteen, up to the age of twenty-one who has been abandoned, neglected, or abused by one or both parents, or for whom the court determines that a guardian is otherwise necessary as one or both parents cannot adequately provide for the youth such that the youth risks physical or psychological harm if returned to the youth's home. The juvenile court will have jurisdiction to make the findings necessary for a vulnerable youth to petition for classification under 8 U.S.C. Sec. 1101(a)(27)(J). It is further the intent of the legislature to provide an avenue for a person between eighteen and twenty-one years old to have a guardian of the person appointed beyond eighteen years old if the youth so requests or consents to the appointment of a guardian as provided in RCW 13.90.030.
[ 2017 c 279 s 2. ]
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