H-3331              _______________________________________________

 

                                                   HOUSE BILL NO. 1466

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Patrick, Walker and Van Luven

 

 

Read first time 1/15/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to children without supervision; amending RCW 13.04.030 and 13.04.040; and adding a new chapter to Title 13 RCW.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience.  The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society.  The legislature further finds that adolescence is a difficult time for juveniles, and their parents may need the assistance of the juvenile court during this period to supervise their children.  The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life that should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

 

          NEW SECTION.  Sec. 2.  This chapter may be known as the procedures for children in need of supervision act.

 

          NEW SECTION.  Sec. 3.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Child," "juvenile," "youth," or "minor" means any individual under the age of eighteen years.

          (2) "Child in need of supervision" means a child:

          (a) Who is voluntarily absent from his or her home without the consent of his or her parent((())s(())) overnight, or for a substantial period of time, or without intent to return; or

          (b) Who is beyond the control of the parents, guardian or other person having custody of the child; or

          (c) Whose behavior, condition, or circumstances endanger his or her  welfare or the welfare of others; or

          (d) Who is using controlled substances or alcohol.

          (3) "Community supervision" means an order of disposition from the court for a child in need of supervision.

          (4) "Confinement" means physical custody in a facility operated by or pursuant to a contract with any county.

          (5) "Court" means the juvenile court judge or commissioner.

          (6) "Parent" means the legal custodian or guardian of a child.

 

        Sec. 4.  Section 2, chapter 160, Laws of 1913 as last amended by section 29, chapter 354, Laws of 1985 and RCW 13.04.030 are each amended to read as follows:

          The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

          (1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

          (2) 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) 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) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

          (5) Relating to juveniles alleged or found to be in need of involuntary civil commitment under chapter 71.34 RCW;

          (6) 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) 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) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(c) 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 subsection (((5))) (6)(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))) (7) Under the interstate compact on juveniles as provided in chapter 13.24 RCW; ((and

           (7))) (8) 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

          (9) Relating to juveniles alleged or found to be in need of supervision under this 1986 act.

 

        Sec. 5.  Section 3, chapter 160, Laws of 1913 as last amended by section 14, chapter 191, Laws of 1983 and RCW 13.04.040 are each amended to read as follows:

          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 RCW 13.34.040, 13.34.180, ((and)) 13.40.070, and section 6 of this 1986 act as now or hereafter amended, and RCW 13.32A.150;

          (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, as now or hereafter amended, 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 13.34.120 ((and)), 13.40.130, and section 8 of this 1986 act as now or hereafter amended, 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 of social and health services for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department of social and health services 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 or order of community supervision.

          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, as now or hereafter amended.

          The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

 

          NEW SECTION.  Sec. 6.     Upon receipt of an affidavit of a parent setting forth facts supporting an allegation that the child is in need of supervision, a petition shall be filed by a probation counselor in juvenile court alleging the child is in need of supervision.  The petition should include the child's name, address and date of birth, the parent((())s(())) name and address, and a short statement of the facts giving rise to the allegation of the need for supervision.  There shall be no fee for filing such petitions.  The petition shall be captioned "In RE:  The welfare of .......... ."

 

          NEW SECTION.  Sec. 7.     (1) Upon filing a petition, the clerk of the court shall issue a summons.  If the court finds reasonable cause to believe that the juvenile will not appear in response to a summons, it may issue a warrant of arrest.

          (2) A summons shall state the name of the child and the parent((())s(())) and shall require them to appear personally before the court at the time and location stated.  A copy of the petition shall be attached to the summons.

          (3) If a juvenile fails to appear in response to a summons, a warrant for his or her arrest may be issued.

          (4) The summons may be served any place within the state.  It may be served by a peace officer or juvenile probation counsellor, who shall deliver a copy of the summons to the parties personally, or it may be served by mail, postage prepaid, to the parties at their addresses.

 

          NEW SECTION.  Sec. 8.     (1) The juvenile shall be advised of the allegations in the petition and shall either stipulate or deny that he or she is a child in need of supervision.

          (2) If the juvenile stipulates that he or she is a child in need of supervision, the court may proceed with disposition or may continue the case for a dispositional hearing.

          (3) If the juvenile denies that he or she is a child in need of supervision, a fact finding hearing date shall be set.

          (4) If the court determines at the fact finding hearing by a preponderance of the evidence that the child is in need of supervision, the court may go to disposition or may continue the case for a dispositional hearing.

          (5) If a case is continued 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 shall be notified by mail of the time and place of the continued hearing.

          (6) The court following a fact finding 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.

          (7) The disposition hearing may be continued to a reasonable time.

 

          NEW SECTION.  Sec. 9.     (1) A proceeding under this chapter is a civil matter.  A juvenile or parent may be represented by counsel at any court appearance.  There is no right to court appointed counsel at a fact finding or disposition hearing.

          (2) 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.

          (3) The general public and news media shall be excluded from any hearing and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.  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.

          (4) The rules of evidence shall not apply to proceedings under this chapter, except as provided in section 11 of this act.

 

          NEW SECTION.  Sec. 10.    At a disposition hearing the court shall enter a community supervision order.  The order may include one or more of the following:

          (1) Live at the parents' home and obey the rules of that home;

          (2) Participate in counseling;

          (3) Attend information classes;

          (4) Participate in an educational program or employment;

          (5) Refrain from using alcohol or controlled substances;

          (6) Obey a set curfew;

          (7) Such other conditions or limitations as the court may require.

          The order shall terminate three months from the date of entry.

 

          NEW SECTION.  Sec. 11.    (1) When the court finds by a preponderance of the evidence that a community supervision order has be violated by a juvenile, the court may modify the order after a hearing on the violation.  The court may issue a summons or a warrant to compel the juvenile's appearance.

          (2) The juvenile shall have the burden of showing that the violation was not a wilful refusal to comply with the terms of the order.

          (3) If the court finds that a juvenile has wilfully violated the terms of the order of community supervision, it may order a period of up to thirty days' confinement, and an additional period of community supervision.

          (4) At a hearing under this section, the juvenile shall be afforded due process of law and shall have the right to be represented by counsel.

 

          NEW SECTION.  Sec. 12.    Appeals of actions taken by the juvenile court under this chapter shall be reviewed in the appropriate division of the court of appeals.  An appeal shall be heard solely upon the record that was before the juvenile court and may be overturned solely upon a manifest abuse of discretion by the juvenile court.

 

          NEW SECTION.  Sec. 13.    An order of court adjudging a child to be in need of supervision under this chapter shall in no case be deemed a conviction of a crime.  A child in need of supervision may be a dependent or an offender as well if there exists a factual basis for such finding under chapter 13.34 or 13.40 RCW.

 

          NEW SECTION.  Sec. 14.    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.

 

          NEW SECTION.  Sec. 15.    Sections 1 through 3 and 6 through 14 of this act shall constitute a new chapter in Title 13 RCW.