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ENGROSSED
HOUSE BILL 1228
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/20/93. Referred to Committee on Human Services.
Allowing information exchange of all agencies, including schools, with
youth in their care.
AN ACT Relating to the definition of a juvenile
justice or care agency; and amending RCW 13.50.010.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 13.50.010 and 1990 c 246 s 8 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency"
means any of the following: Police, diversion units, court, prosecuting
attorney, defense attorney, detention center, attorney general, the department
of social and health services and its contracting agencies, schools; and,
in addition, persons or public or private agencies having children
committed to their custody;
(b) "Official juvenile court file"
means the legal file of the juvenile court containing the petition or
information, motions, memorandums, briefs, findings of the court, and court
orders;
(c) "Social file" means the juvenile
court file containing the records and reports of the probation counselor;
(d) "Records" means the official
juvenile court file, the social file, and records of any other juvenile justice
or care agency in the case.
(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 relating to a petition filed pursuant
to chapter 13.34 RCW that is found by the court, upon proof presented, to be
false or inaccurate shall be corrected or expunged from such records by the
agency;
(b) An agency shall take reasonable steps to
insure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to
insure 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, or to individuals or agencies engaged
in legitimate research for educational, scientific, or public purposes. The
court may also permit inspection of, or release of information from, records
which have been sealed pursuant to RCW 13.50.050(11). Access to records or
information for research purposes shall be permitted only if the anonymity of
all persons mentioned in the records or information will be preserved. 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) Juvenile detention facilities shall release
records to the juvenile disposition standards commission under RCW 13.40.025
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.
