2SHB 2822 -
By Committee on Ways & Means
ADOPTED 03/07/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 2.56 RCW
to read as follows:
Subject to the availability of funds appropriated therefor, the
family and juvenile court improvement grant program is created.
(1) The purpose of the program is to assist superior courts in
improving their family and juvenile court systems, especially in
dependency cases, with the goals of:
(a) Assuring a stable and well-trained judiciary in family and
juvenile law providing consistency of judicial officers hearing all of
the proceedings in a case involving one family, especially in
dependency cases; and
(b) Ensuring judicial accountability in implementing specific
principles and practices for family and juvenile court.
(2) The administrator for the courts shall develop and administer
the program subject to requirements in section 2 of this act. As part
of administering the program, the administrator for the courts shall
define appropriate outcome measures, collect data, and gather
information from courts receiving grants.
NEW SECTION. Sec. 2 A new section is added to chapter 2.56 RCW
to read as follows:
(1) A superior court may apply for grants from the family and
juvenile court improvement grant program by submitting a local
improvement plan with the administrator for the courts. To be eligible
for grant funds, a superior court's local improvement plan must meet
the criteria developed by the administrator for the courts and approved
by the board for judicial administration. The criteria must be
consistent with the principles adopted for unified family courts. At
a minimum, the criteria must require that the court's local improvement
plan meet the following requirements:
(a) Commit to a chief judge assignment to the family and juvenile
court for a minimum of two years;
(b) Implementation of the principle of one judicial team hearing
all of the proceedings in a case involving one family, especially in
dependency cases;
(c) Require court commissioners and judges assigned to family and
juvenile court to receive a minimum of thirty hours specialized
training in topics related to family and juvenile matters within six
months of assuming duties in family and juvenile court. Where
possible, courts should utilize local, statewide, and national training
forums. A judicial officer's recorded educational history may be
applied toward the thirty-hour requirement. The topics for training
must include:
(i) Parentage;
(ii) Adoption;
(iii) Domestic relations;
(iv) Dependency and termination of parental rights;
(v) Child development;
(vi) The impact of child abuse and neglect;
(vii) Domestic violence;
(viii) Substance abuse;
(ix) Mental health;
(x) Juvenile status offenses;
(xi) Juvenile offenders;
(xii) Self-representation issues;
(xiii) Cultural competency;
(xiv) Roles of family and juvenile court judges and commissioners;
and
(d) As part of the application for grant funds, submit a spending
proposal detailing how the superior court would use the grant funds.
(2) Courts receiving grant money must use the funds to improve and
support family and juvenile court operations based on standards
developed by the administrator for the courts and approved by the board
for judicial administration. The standards may allow courts to use the
funds to:
(a) Pay for family and juvenile court training of commissioners and
judges or pay for pro tem commissioners and judges to assist the court
while the commissioners and judges receive training;
(b) Increase judicial and nonjudicial staff, including
administrative staff to improve case coordination and referrals in
family and juvenile cases, guardian ad litem volunteers or
court-appointed special advocates, security, and other staff;
(c) Improve the court facility to better meet the needs of children
and families;
(d) Improve referral and treatment options for court participants,
including enhancing court facilitator programs and family treatment
court and increasing the availability of alternative dispute
resolution;
(e) Enhance existing family and children support services funded by
the courts and expand access to social service programs for families
and children ordered by the court; and
(f) Improve or support family and juvenile court operations in any
other way deemed appropriate by the administrator for the courts.
(3) The administrator for the courts shall allocate available grant
moneys based upon the needs of the court as expressed in their local
improvement plan.
(4) Money received by the superior court under this program must be
used to supplement, not supplant, any other local, state, and federal
funds for the court.
(5) Upon receipt of grant funds, the superior court shall submit to
the administrator for the courts a spending plan detailing the use of
funds. At the end of the fiscal year, the superior court shall submit
to the administrator for the courts a financial report comparing the
spending plan to actual expenditures. The administrator for the courts
shall compile the financial reports and submit them to the appropriate
committees of the legislature.
NEW SECTION. Sec. 3 A new section is added to chapter 2.56 RCW
to read as follows:
After July 1, 2009, grant money received by a court under section
1 of this act shall be deemed to be state funding for the purpose of
RCW 26.12.260 thereby obligating the court to operate a program to
provide services to all parties involved in dissolution proceedings as
required in RCW 26.12.260.
This obligation remains in effect only for the duration of the
grant authorized by section 1 of this act.
Sec. 4 RCW 2.56.030 and 2007 c 496 s 302 are each amended to read
as follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district court
judge positions under an objective workload analysis. The results of
the objective workload analysis shall be reviewed by the board for
judicial administration which shall make recommendations to the
legislature. It is the intent of the legislature that an objective
workload analysis become the basis for creating additional district and
superior court positions, and recommendations should address that
objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 2008, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
domestic violence, clinical and forensic investigative and interviewing
techniques, family reconciliation and mediation services, and relevant
statutory and legal requirements. The curriculum shall be made
available to all superior court judges, court personnel, and all
persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be available
to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration;
(21) Administer the family and juvenile court improvement grant
program;
(22)(a) Administer and distribute amounts appropriated from the
equal justice subaccount under RCW 43.08.250(2) for district court
judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a
distribution formula for these amounts that does not differentiate
between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met.
NEW SECTION. Sec. 5 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2008, in the omnibus appropriations act, this act is null and
void."
2SHB 2822 -
By Committee on Ways & Means
ADOPTED 03/07/2008
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "amending RCW 2.56.030; adding new sections to chapter 2.56 RCW; and creating a new section."