H-3357.1 _______________________________________________
HOUSE BILL 2345
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Representatives Appelwick, Johanson and Thibaudeau
Read first time 01/14/94. Referred to Committee on Judiciary.
AN ACT Relating to juveniles; and amending RCW 26.12.010, 13.04.021, and 13.04.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:
(1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.
(2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.
Sec. 2. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:
(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 chapter 13.34 RCW or any other case under Title 13 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.
Sec. 3. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(((1))) (a)
Under the interstate compact on placement of children as provided in chapter
26.34 RCW;
(((2))) (b)
Relating to children alleged or found to be dependent as provided in chapter
26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter
amended));
(((3))) (c)
Relating to the termination of a parent and child relationship as provided in
RCW 13.34.180 through 13.34.210((, as now or hereafter amended));
(((4))) (d)
To approve or disapprove alternative residential placement as provided in RCW
13.32A.170;
(((5))) (e)
Relating to juveniles alleged or found to have committed offenses, traffic
infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as
now or hereafter amended,)) unless:
(((a))) (i)
The juvenile court transfers jurisdiction of a particular juvenile to adult
criminal court pursuant to RCW 13.40.110((, as now or hereafter amended));
or
(((b))) (ii)
The statute of limitations applicable to adult prosecution for the offense,
traffic infraction, or violation has expired; or
(((c))) (iii)
The alleged offense or infraction is a traffic, fish, boating, or game offense
or traffic infraction committed by a juvenile sixteen 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: PROVIDED, That
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: PROVIDED FURTHER,
That the jurisdiction under this subsection does not constitute
"transfer" or a "decline" for purposes of RCW 13.40.110(1)
or (e)(i) of this subsection (((5)(a) of this section)):
PROVIDED FURTHER, That 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;
(((6))) (f)
Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(((7))) (g)
Relating to termination of a diversion agreement under RCW 13.40.080 ((as
now or hereafter amended)), including a proceeding in which the divertee
has attained eighteen years of age; and
(((8))) (h)
Relating to court validation of a voluntary consent to foster care 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.
(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.
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