AN
ACT Relating to truancy records; and amending RCW 28A.225.035 and 13.50.100.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28A.225.035 and 1999 c 319 s 3 are each amended to read as follows:
(1)
A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall
consist of a written notification to the court alleging that:
(a)
The child has unexcused absences during the current school year;
(b)
Actions taken by the school district have not been successful in substantially
reducing the child's absences from school; and
(c)
Court intervention and supervision are necessary to assist the school district
or parent to reduce the child's absences from school.
(2)
The petition shall set forth the name, ((age)) date of birth,
school, ((and residence)) address, gender, race, and ethnicity of
the child and the names and ((residence)) addresses of the
child's parents.
(3)
The petition shall set forth facts that support the allegations in this section
and shall generally request relief available under this chapter and provide
information about what the court might order under RCW 28A.225.090.
(4)
When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile
court shall schedule a hearing at which the court shall consider the petition,
or if the court determines that a referral to an available community truancy
board would substantially reduce the child's unexcused absences, the court may
refer the case to a community truancy board under the jurisdiction of the
juvenile court.
(5)
If a referral is made to a community truancy board, the truancy board must meet
with the child, a parent, and the school district representative and enter into
an agreement with the petitioner and respondent regarding expectations and any
actions necessary to address the child's truancy within thirty days of the
referral. If the petition is based on RCW 28A.225.015, the child shall not be
required to attend and the agreement under this subsection shall be between the
truancy board, the school district, and the child's parent. The agreement
shall be presented to the juvenile court for its approval.
(6)
The court shall approve the agreement by order or schedule a hearing. The
court may, if the school district and community truancy board agree, permit the
truancy board to provide continued supervision over the student, or parent if
the petition is based on RCW 28A.225.015, and report on compliance with the
order.
(7)
If the truancy board fails to reach an agreement, the truancy board shall
return the case to the juvenile court for a hearing.
(8)
Notwithstanding the provisions in subsection (4) of this section, a hearing
shall not be required if other actions by the court would substantially reduce
the child's unexcused absences. When a juvenile court hearing is held, the
court shall:
(a)
Separately notify the child, the parent of the child, and the school district
of the hearing;
(b)
Notify the parent and the child of their rights to present evidence at the
hearing; and
(c)
Notify the parent and the child of the options and rights available under
chapter 13.32A RCW.
(9)
The court may require the attendance of the child if eight years old or older,
the parents, and the school district at any hearing on a petition filed under
RCW 28A.225.030.
(10)
A school district is responsible for determining who shall represent the school
district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.
(11)
The court may permit the first hearing to be held without requiring that either
party be represented by legal counsel, and to be held without a guardian ad
litem for the child under RCW 4.08.050. At the request of the school district,
the court shall permit a school district representative who is not an attorney
to represent the school district at any future hearings.
(12)
If the allegations in the petition are established by a preponderance of the
evidence, the court shall grant the petition and enter an order assuming
jurisdiction to intervene for the period of time determined by the court, after
considering the facts alleged in the petition and the circumstances of the
juvenile, to most likely cause the juvenile to return to and remain in school
while the juvenile is subject to this chapter. In no case may the order expire
before the end of the school year in which it is entered.
(13)
If the court assumes jurisdiction, the school district shall regularly report
to the court any additional unexcused absences by the child.
(14)
Community truancy boards and the courts shall coordinate, to the extent
possible, proceedings and actions pertaining to children who are subject to
truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in
need of services petitions in RCW 13.32A.140.
(15)
If after a juvenile court assumes jurisdiction in one county the child
relocates to another county, the juvenile court in the receiving county shall,
upon the request of a school district or parent, assume jurisdiction of the
petition filed in the previous county.
Sec.
2. RCW
13.50.100 and 2000 c 162 s 18 are each amended to read as follows:
(1)
This section governs records not covered by RCW 13.50.050.
(2)
Records covered by this section shall be confidential and shall be released
only pursuant to this section and RCW 13.50.010.
(3)
Records retained or produced by any juvenile justice or care agency may be
released to other participants in the juvenile justice or care system only when
an investigation or case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned the responsibility
of supervising the juvenile. Records covered under this section and maintained
by the juvenile courts which relate to the official actions of the agency may
be entered in the statewide ((juvenile court)) judicial
information system. However, truancy records associated with a juvenile who
has no other case history, and records of a juvenile's parents who have no
other case history, shall be removed from the judicial information system when
the juvenile is no longer subject to the compulsory attendance laws in chapter
28A.225 RCW. A county clerk is not liable for unauthorized release of this
data by persons or agencies not in his or her employ or otherwise subject to
his or her control, nor is the county clerk liable for inaccurate or incomplete
information collected from litigants or other persons required to provide
identifying data pursuant to this section.
(4)
A contracting agency or service provider of the department of social and health
services that provides counseling, psychological, psychiatric, or medical
services may release to the office of the family and children's ombudsman
information or records relating to services provided to a juvenile who is
dependent under chapter 13.34 RCW without the consent of the parent or guardian
of the juvenile, or of the juvenile if the juvenile is under the age of
thirteen years, unless such release is otherwise specifically prohibited by
law.
(5)
A juvenile, his or her parents, the juvenile's attorney and the juvenile's
parent's attorney, shall, upon request, be given access to all records and
information collected or retained by a juvenile justice or care agency which
pertain to the juvenile except:
(a)
If it is determined by the agency that release of this information is likely to
cause severe psychological or physical harm to the juvenile or his or her
parents the agency may withhold the information subject to other order of the
court: PROVIDED, That if the court determines that limited release of the
information is appropriate, the court may specify terms and conditions for the
release of the information; or
(b)
If the information or record has been obtained by a juvenile justice or care
agency in connection with the provision of counseling, psychological,
psychiatric, or medical services to the juvenile, when the services have been
sought voluntarily by the juvenile, and the juvenile has a legal right to
receive those services without the consent of any person or agency, then the
information or record may not be disclosed to the juvenile's parents without
the informed consent of the juvenile unless otherwise authorized by law; or
(c)
That the department of social and health services may delete the name and
identifying information regarding persons or organizations who have reported
alleged child abuse or neglect.
(6)
A juvenile or his or her parent denied access to any records following an
agency determination under subsection (5) of this section may file a motion in
juvenile court requesting access to the records. The court shall grant the
motion unless it finds access may not be permitted according to the standards
found in subsections (5)(a) and (b) of this section.
(7)
The person making a motion under subsection (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)
Subject to the rules of discovery in civil cases, any party to a proceeding
seeking a declaration of dependency or a termination of the parent-child
relationship and any party's counsel and the guardian ad litem of any party,
shall have access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (5) of this section. A party
denied access to records may request judicial review of the denial. If the
party prevails, he or she shall be awarded attorneys' fees, costs, and an
amount not less than five dollars and not more than one hundred dollars for
each day the records were wrongfully denied.
(9) No unfounded allegation of child abuse or neglect as defined in
RCW 26.44.020(12) may be disclosed to a child-placing agency, private adoption
agency, or any other licensed provider.
