HOUSE BILL ANALYSIS

                  HB 2686

Title:  An act relating to the creation of a unified court‑family.

Brief Description:  Creating a unified court‑family.

Sponsors:  Representatives Lambert, Costa, O'Brien and Wolfe.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Edie Adams (786-7180).

Background:  The juvenile court and the family court are both divisions of the superior court.  The juvenile and family courts are established to hear specific types of related matters. 

The family court has jurisdiction over all domestic relations matters, including dissolution of marriage, third-party child custody, child support, paternity, adoption, placement of children, abuse of children and dependent persons, and domestic violence protection orders.

The juvenile court has jurisdiction over all proceedings involving the following matters:  juvenile justice, child dependency and termination, family reconciliation, interstate compact on juveniles, interstate compact on placement of juveniles, and emancipation.  If authorized by the superior court judges of a county, the family court has concurrent jurisdiction with the juvenile court over all of these proceedings.

Summary of Bill:  A unified court-family pilot program is established to be conducted by the Office of the Administrator for the Courts (OAC).  Sites for the pilot program must be selected through a request for proposal process and using the following criteria:  sites shall be established in no more than 3 judicial districts; sites may only be located in districts with at least five judges; at least one site must be located in Eastern Washington; and at least one site must be located in a district where the number of judges is less than the number of judges authorized by statute.

The OAC must develop criteria for the pilot program which shall include the following: 

CInclusion of the following case types:  juvenile issues, including juvenile justice, child dependency and termination, family reconciliation, interstate compact on juveniles, and emancipation; all domestic relations cases, including dissolution of marriage, third-party child custody, child support, paternity, adoption, placement of children, abuse of children and dependent persons, and domestic violence protection orders; truancy; and adult criminal cases of persons who have family members with matters before the unified court-family;

CJudges of the unified court-family must volunteer for the program, serve a minimum term of two years, and complete mandatory training requirements;

CCase management practices that provide a flexible response to needs, result in reduction in process redundancies, and create a system enabling multiple case type resolution by one judicial officer or judicial team;

CA court facilitator to provide assistance to persons with matters before the unified court-family; and

CAn emphasis on non-adversarial methods of dispute resolution.

The judges of the superior court judicial districts that have pilot program sites must adopt local court rules directing the program.  The court rules must comply with the criteria established by the OAC and, in addition, must include the following criteria:  judges of the unified court-family must complete an initial training program and a minimum of eight hours of continuing education and have at least five years of experience; case management based on one judge or judicial team to handle all matters pertaining to the family; coordination and consolidation of cases; mandatory collection and reporting of information to the OAC; and record confidentiality provisions.

The Washington State Institute for Public Policy (WSIPP) must study the pilot program in accordance with guidelines and criteria established by the OAC.  The WSIPP must report preliminary findings and final results on a biennial basis to the Governor, the chief justice of the Washington Supreme Court, and the Legislature.  The initial report is due not later than July 1, 2000, and the final report is due no later than December 1, 2004.

Fiscal Note:  Requested January 30, 1998.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

                 Office of Program Research