H-4445              _______________________________________________

                                                   HOUSE BILL NO. 1791

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative McLean

Read first time 1/25/88 and referred to Committee on Education.

AN ACT Relating to juveniles; and amending RCW 13.50.010.

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

        Sec. 1.  Section 8, chapter 155, Laws of 1979 as amended by section 11, chapter 288, Laws of 1986 and RCW 13.50.010 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, school district, the department of social and health services and its contracting agencies, and persons or public or private agencies having children committed to their custody;

          (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) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

          (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

          (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;

          (b) An agency shall take reasonable steps to insure 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, or to individuals or agencies 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).  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 notorized statement to the court stating that the names of juveniles and parents will remain confidential.

          (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025  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.