HB 1238 -
By Committee on Human Services & Corrections
ADOPTED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.50.010 and 1998 c 269 s 4 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 legislative children's
oversight committee, the office of (([the])) the family and children's
ombudsman, the department of social and health services and its
contracting agencies, schools; persons or public or private agencies
having children committed to their custody; and any placement oversight
committee created under RCW 72.05.415;
(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) "Records" means the official juvenile court file, the social
file, and records of any other juvenile justice or care agency in the
case;
(d) "Social file" means the juvenile court file containing the
records and reports of the probation counselor.
(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 to be false or inaccurate shall be
corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure 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. The court may also permit inspection
by or release to individuals or agencies, including juvenile justice
advisory committees of county law and justice councils, 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)))
(12). The court shall release to the sentencing guidelines commission
records needed for its research and data-gathering functions under RCW
9.94A.850 and other statutes. 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
sentencing guidelines commission under RCW 9.94A.850 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.
(10) Requirements in this chapter relating to the court's authority
to compel disclosure shall not apply to the legislative children's
oversight committee or the office of the family and children's
ombudsman.
(11) The administrative office of the courts shall maintain an
electronic research copy of all records in the judicial information
system related to juveniles. For purposes of this chapter, "research
copy" means an electronic replica of all records entered into the
judicial information system related to juveniles including records
destroyed or removed from the judicial information system under RCW
13.50.050 (17) and (18) and 13.50.100(3) and used for the purposes of
legitimate research for educational, scientific, or public purposes.
(12) The court shall release to the Washington state office of
public defense records needed to implement the agency's oversight,
technical assistance, and other functions as required by RCW 2.70.020.
Access to the records used as a basis for oversight, technical
assistance, or other agency functions is restricted to the Washington
state office of public defense. The Washington state office of public
defense shall maintain the confidentiality of all confidential
information included in the records."
HB 1238 -
By Committee on Human Services & Corrections
ADOPTED 04/17/2009
On page 1, line 3 of the title, after "defense;" strike the remainder of the title and insert "and amending RCW 13.50.010."