BP BHEAD INT H

AN ACT Relating to parental liability for juvenile offenders; amending RCW 13.40.085, 13.40.220, 13.16.085, 13.40.190, and 13.40.200; adding a new section to chapter 4.24 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:

(1) The parent or parents or legal guardian, having custody of an unemancipated minor who is adjudicated of an offense pursuant to chapter 13.40 RCW in which the court enters a finding under RCW 13.40.190(2) that restitution is owed to the victim, is liable to the victim for any amount of restitution owed to the victim. The parent or legal guardian is liable for the full amount of restitution due even if the court, under RCW 13.40.190(1), does not order the juvenile to pay all or any of the restitution due. Any restitution collected from the juvenile offender or other participants jointly or severally liable for the payment of restitution shall be attributed to a judgment amount obtained under this section.

(2) This section supplements and does not supersede or replace other remedies available under common law or other statutes which govern parental liability for their children's actions.

(3) For purposes of this section, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor pursuant to a court order or action of the department of social and health services.

Sec. 2. RCW 13.40.085 and 1993 c 171 s 1 are each amended to read as follows:

(1) The county legislative authority may authorize juvenile court administrators to establish fees to cover the costs of the administration and operation of diversion services provided under this chapter. The parent or legal guardian of a juvenile who receives diversion services must pay for the services based on the parent's or guardian's ability to pay. The juvenile court administrators shall develop a fair and equitable payment schedule. No juvenile who is eligible for diversion as provided in this chapter may be denied diversion services based on an inability to pay for the services.

(2) If a parent or legal guardian who is ordered to pay for diversion services under subsection (1) of this section fails to pay all or part of the ordered amount, the county may obtain a civil judgment against the parent or guardian and may enforce the judgment as in other civil actions.

Sec. 3. RCW 13.40.220 and 1993 c 466 s 1 are each amended to read as follows:

(1)(a) Whenever legal custody of a child is vested in someone other than his or her parents, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.

(b) If the parent or other legally obligated person ordered to pay for the certain costs pursuant to (a) of this subsection fails to pay all or part of the ordered amount, the person or entity entitled to payment may obtain a civil judgment against the parent or legally obligated person and may enforce the judgment as in other civil cases.

(2) Whenever legal custody of a child is vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court shall order and decree that the parent or other legally obligated person shall pay for support, treatment, and confinement of the child after the decree is entered, following the department of social and health services reimbursement of cost schedule. The department of social and health services shall collect the debt in accordance with chapter 43.20B RCW. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.

(3) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.

Sec. 4. RCW 13.16.085 and 1955 c 369 s 1 are each amended to read as follows:

In any case in which a child under eighteen years of age has been placed in any detention facility under the jurisdiction of the juvenile court, the court may inquire into the facts concerning the necessity or propriety of such child's detention notwithstanding the fact that such child may not have been found to be either a dependent or a delinquent child.

The court may, either in the proceedings involving the question of dependency or delinquency of such child or in a separate proceeding, upon the parent or parents, guardian, or other person having custody of said child being duly summoned or voluntarily appearing, proceed to inquire into the necessity or propriety of such detention and into the ability of such person or persons to pay the cost of such detention.

If the court finds that such detention was necessary or proper for the welfare of the child or for the protection of the community, and if the court also finds the parent or parents, guardian, or other person having the custody of such child able to pay or contribute to the payment of the cost of such detention, the court may enter such order or decree as shall be equitable in the premises, and may enforce the same by execution or in any way a court of equity may enforce its decrees.

If a parent or other legally obligated person is ordered to pay for the costs of detention as ordered the county may obtain a civil judgment against the parent or other legally obligated person and may enforce the judgment as in other civil actions.

Sec. 5. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:

(1) 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. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. The court may not require the respondent to pay full or partial restitution if the respondent 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 such restitution. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.

(2) In all cases, the court shall enter written findings stating the full amount of restitution due, even if the court also finds that the person owing restitution does not have the means to make full or partial payment and cannot reasonably acquire the means or the court waives restitution. Entry of an order limiting or waiving restitution under an adjudication for an offense shall not preclude the victim from recovering the full amount of restitution due through a civil action filed against the respondent or the respondent's parents or legal guardian under section 1 of this act.

(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.

((~~(3)~~)) (4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.

Sec. 6. RCW 13.40.200 and 1986 c 288 s 5 are each amended to read as follows:

(1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty 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 wilful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service 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 fine, penalty assessments, or restitution or perform community service.

(3)(a) If the court finds that a respondent has wilfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty 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.

(b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.

(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service. The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.

(5) This section does not prohibit the victim owed restitution from collecting the full amount of restitution due through enforcement of a civil judgment obtained against the respondent or the respondent's parents under section 1 of this act.