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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 ... |
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 .]
Finding — 2006 c 221: "... |
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 depar... |
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 jeopardiz... |
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 treatmen... |
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 gu... |
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 heal... |
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 re... |
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 age... |
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 anot... |
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 und... |
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 ... |
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 ... |
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... |
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 ... |
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 ... |
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 ... |
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 ... |
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... |
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 sub... |
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 2... |
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 sub... |
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 de... |
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 person... |
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 .] |
13.36.010 | Finding—Intent. | 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 guard... |
13.36.020 | Definitions. | 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 d... |
13.36.030 | Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service members' civil relief act. | (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 ... |
13.36.040 | Hearing—Establishing guardianship—Exceptions—Conversion of dependency guardianship to guardianship. | (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 sec... |
13.36.050 | Court order to establish guardianship—Contents—Custody, rights, and duties—Funds, benefits—Dismissal of dependency—Letter. | (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) Appo... |
13.36.060 | Guardianship modification—Attorneys' fees, court costs. | (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 t... |
13.36.070 | Guardianship termination—Petition, affidavit. | (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 a... |
13.36.080 | Appointment of guardian ad litem or attorney for the child. | 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 attorn... |
13.36.090 | Guardianship subsidies—Eligibility. | (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 chi... |
13.38.010 | Short title. | This chapter shall be known and cited as the "Washington state Indian child welfare act."
[ 2011 c 309 s 1 .] |
13.38.020 | Application. | 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 .]
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10... |
13.38.030 | Findings and intent. | 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... |
13.38.040 | Definitions. | 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 super... |
13.38.050 | Determination of Indian status. | 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... |
13.38.060 | Jurisdiction. | (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 jurisdicti... |
13.38.070 | Notice—Procedures—Determination of Indian status. | (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... |
13.38.080 | Transfer of jurisdiction. | (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 chil... |
13.38.090 | Right to intervene. | 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 .] |
13.38.100 | Full faith and credit. | 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 .] |
13.38.110 | Right to counsel. | 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 appoi... |
13.38.120 | Right to examine reports, other documents. | 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 .] |
13.38.130 | Involuntary foster care placement, termination of parental rights—Determination—Qualified expert witness. | (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 the... |
13.38.140 | Emergency removal or placement of Indian child—Notice. | (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 ... |
13.38.150 | Consent to foster care placement or termination of parental rights—Withdrawal. | (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 ... |
13.38.160 | Improper removal of Indian child. | 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... |
13.38.170 | Removal of Indian child from adoptive or foster care placement. | (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 ... |
13.38.180 | Placement preferences. | (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 hom... |
13.38.190 | Review of cases—Standards and procedures—Compliance. | (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 an... |
13.40.010 | Short title—Intent—Purpose. | (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... |
13.40.020 | Definitions. | 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.... |
13.40.030 | Security guidelines—Legislative review—Limitations on permissible ranges of confinement. | (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... |
13.40.0351 | Equal application of guidelines and standards. | 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 .] |
13.40.0357 | Juvenile offender sentencing standards. | 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.... |
13.40.038 | County juvenile detention facilities—Policy—Detention and risk assessment standards. | (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 implem... |
13.40.040 | Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping. | (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 enforce... |
13.40.042 | Detention of juvenile suffering from mental disorder or substance use disorder. | (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 wi... |
13.40.043 | Prison riot offenses—Relief from disposition. | (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 disposi... |
13.40.044 | Infraction—Prison riot offenses vacated. | (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 oc... |
13.40.045 | Escapees—Arrest warrants. | 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 auth... |
13.40.050 | Detention procedures—Notice of hearing—Conditions of release—Consultation with parent, guardian, or custodian. | (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 d... |
13.40.054 | Probation bond or collateral—Modification or revocation of probation bond. | (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 co... |
13.40.058 | Fines, administrative fees, costs, and surcharges prohibited. | 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 diversio... |
13.40.060 | Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds. | (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 o... |
13.40.070 | Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor acting for prosecutor—Referral to community-based, restorative justice, mediation, or reconciliation programs. | (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... |
13.40.077 | Recommended prosecuting standards for charging and plea dispositions. | 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... |
13.40.080 | Diversion agreement—Scope—Limitations—Restitution orders—Divertee's rights—Diversion unit's powers and duties—Interpreters—Modification. | (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 ... |
13.40.082 | Diversion agreements—Applicability—Underlying offense. | 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 .]
Findings — Intent — 2025 c 140: See note following RCW 13.40.080 . |
13.40.087 | Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment. | 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 .]
*Rev... |
13.40.090 | Prosecuting attorney as party to juvenile court proceedings—Exception, procedure. | 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 unles... |
13.40.100 | Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when. | (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 ag... |
13.40.110 | Hearing on question of declining jurisdiction—Held, when—Findings. | (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 juris... |
13.40.120 | Hearings—Time and place. | 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 .]
Effective date — Severability — 1979 c 155: See not... |
13.40.127 | Deferred disposition. | (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 ... |
13.40.130 | Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing. | (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 cont... |
13.40.135 | Sexual motivation special allegation—Procedures. | (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 evidenc... |
13.40.140 | Juveniles entitled to usual judicial rights—Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when. | (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 waiv... |
13.40.150 | Disposition hearing—Scope—Factors to be considered prior to entry of dispositional order. | (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 prosecut... |
13.40.160 | Disposition order—Court's action prescribed—Disposition outside standard range—Right of appeal—Special sex offender disposition alternative. | (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 ... |
13.40.162 | Special sex offender disposition alternative. | (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 offen... |
13.40.165 | Substance use disorder or mental health disposition alternative. | (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-occurri... |
13.40.180 | Single disposition order—Consecutive terms when two or more offenses—Limitations—Separate disposition order—Concurrent period of community supervision. | (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 o... |
13.40.185 | Disposition order—Confinement under departmental supervision or in juvenile facility, when. | (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 ... |
13.40.190 | Disposition order—Restitution for loss or damage—Modification of restitution order. | (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 offe... |
13.40.192 | Restitution and other legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment. | (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 restit... |
13.40.193 | Firearms—Length of confinement. | (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, th... |
13.40.196 | Firearms—Special allegation. | 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 ... |
13.40.200 | Violation of order of restitution, community supervision, or confinement—Modification of order after hearing. | (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 wou... |
13.40.205 | Release from physical custody, when—Authorized leaves—Leave plan and order—Notice. | (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 un... |
13.40.210 | Setting of release date—Administrative release authorized, when—Parole program, revocation or modification of, scope—Intensive supervision program—Parole officer's right of arrest. | (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 ju... |
13.40.212 | Intensive supervision program—Elements. | 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 consistenc... |
13.40.213 | Juveniles alleged to have committed a prostitution loitering offense—Diversion. | (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 st... |
13.40.215 | Juveniles found to have committed violent or sex offense or stalking—Notification of discharge, parole, leave, release, transfer, or escape—To whom given—School attendance—Definitions. | (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 s... |
13.40.217 | Juveniles adjudicated of sex offenses—Release of information authorized. | (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... |
13.40.219 | Arrest for prostitution or prostitution loitering—Alleged offender—Victim of severe form of trafficking, commercial sex abuse of a minor. | 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 ... |
13.40.230 | Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal. | (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 followi... |
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