Z-1172               _______________________________________________

                                                   HOUSE BILL NO. 1545

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Brekke, Winsley, Scott, Leonard, H. Sommers, Padden, Moyer and Anderson; by request of Department of Social and Health Services

Read first time 1/20/88 and referred to Committee on Human Services.

AN ACT Relating to jurisdiction over voluntary Indian child welfare proceedings; amending RCW 13.04.030; and creating a new section.

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

        Sec. 1.  Section 2, chapter 160, Laws of 1913 as last amended by section 1, chapter 170, Laws of 1987 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 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)(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) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

           (7) 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

          (8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW ((or relinquishment or consent to adoption under chapter 26.33 RCW)), by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

NEW SECTION. Sec. 2.     Any court validation of a voluntary consent to relinquishment or adoption of an Indian child which was obtained in a juvenile court or superior court pursuant to chapter 26.33 RCW after July 25, 1987, and before the effective date of this section shall be valid and effective in all respects.