SHB 2487 -
By Committee on Judiciary
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 74.34 RCW
to read as follows:
(1) A copy of an order for protection granted under this chapter
shall be forwarded by the clerk of the court on or before the next
judicial day to the appropriate law enforcement agency specified in the
order.
Upon receipt of the order, the law enforcement agency shall enter
the order into the Washington crime information center system used by
law enforcement agencies to list outstanding warrants. The order shall
remain in the computer for the period stated in the order. The law
enforcement agency shall only expunge from the Washington crime
information center system orders that are expired, vacated, or
superseded. Entry into the Washington crime information center system
constitutes notice to all law enforcement agencies of the existence of
the order. The order is fully enforceable in any county in the state.
(2) The information entered into the Washington crime information
center system shall include notice to law enforcement whether the order
was personally served, served by publication, or served by mail.
Sec. 2 RCW 74.34.120 and 2007 c 312 s 5 are each amended to read
as follows:
(1) The court shall order a hearing on a petition under RCW
74.34.110 not later than fourteen days from the date of filing the
petition.
(2) Except as provided in section 4 or 5 of this act, personal
service shall be made upon the respondent not less than ((six)) five
court days before the hearing. ((When good faith attempts to
personally serve the respondent have been unsuccessful, the court shall
permit service by mail or by publication.))
(3) When a petition under RCW 74.34.110 is filed by someone other
than the vulnerable adult, notice of the petition and hearing must be
personally served upon the vulnerable adult not less than ((six)) five
court days before the hearing, except as provided in section 4 or 5 of
this act. In addition to copies of all pleadings filed by the
petitioner, the petitioner shall provide a written notice to the
vulnerable adult using the standard notice form developed under RCW
74.34.115. ((When good faith attempts to personally serve the
vulnerable adult have been unsuccessful, the court shall permit service
by mail, or by publication if the court determines that personal
service and service by mail cannot be obtained.))
(4) If timely personal service under subsections (2) and (3) of
this section cannot be made, the court shall continue the hearing date
((until the substitute service approved by the court has been
satisfied)) and shall either require additional attempts at obtaining
personal service or permit service by publication under section 4 of
this act or service by mail under section 5 of this act.
(5)(a) A petitioner may move for temporary relief under chapter
7.40 RCW. The court may continue any temporary order for protection
granted under chapter 7.40 RCW until the hearing on a petition under
RCW 74.34.110 is held.
(b) Written notice of the request for temporary relief must be
provided to the respondent, and to the vulnerable adult if someone
other than the vulnerable adult filed the petition. A temporary
protection order may be granted without written notice to the
respondent and vulnerable adult if it clearly appears from specific
facts shown by affidavit or declaration that immediate and irreparable
injury, loss, or damage would result to the vulnerable adult before the
respondent and vulnerable adult can be served and heard, or that show
the respondent and vulnerable adult cannot be served with notice, the
efforts made to serve them, and the reasons why prior notice should not
be required.
Sec. 3 RCW 74.34.135 and 2007 c 312 s 9 are each amended to read
as follows:
(1) When a petition for protection under RCW 74.34.110 is filed by
someone other than the vulnerable adult or the vulnerable adult's full
guardian over either the person or the estate, or both, and the
vulnerable adult for whom protection is sought advises the court at the
hearing that he or she does not want all or part of the protection
sought in the petition, then the court may dismiss the petition or the
provisions that the vulnerable adult objects to and any protection
order issued under RCW 74.34.120 or 74.34.130, or the court may take
additional testimony or evidence, or order additional evidentiary
hearings to determine whether the vulnerable adult is unable, due to
incapacity, undue influence, or duress, to protect his or her person or
estate in connection with the issues raised in the petition or order.
If an additional evidentiary hearing is ordered and the court
determines that there is reason to believe that there is a genuine
issue about whether the vulnerable adult is unable to protect his or
her person or estate in connection with the issues raised in the
petition or order, the court may issue a temporary order for protection
of the vulnerable adult pending a decision after the evidentiary
hearing.
(2) An evidentiary hearing on the issue of whether the vulnerable
adult is unable, due to incapacity, undue influence, or duress, to
protect his or her person or estate in connection with the issues
raised in the petition or order, shall be held within fourteen days of
entry of the temporary order for protection under subsection (1) of
this section. If the court did not enter a temporary order for
protection, the evidentiary hearing shall be held within fourteen days
of the prior hearing on the petition. Except as provided in sections
4 and 5 of this act, notice of the time and place of the evidentiary
hearing shall be personally served upon the vulnerable adult and the
respondent not less than ((six)) five court days before the hearing.
((When good faith attempts to personally serve the vulnerable adult and
the respondent have been unsuccessful, the court shall permit service
by mail, or by publication if the court determines that personal
service and service by mail cannot be obtained.)) If timely service
cannot be made, the court ((may)) shall set a new hearing date and
shall either require additional attempts at obtaining personal service
or permit service by publication under section 4 of this act or service
by mail under section 5 of this act. The court shall not require more
than two attempts at obtaining personal service and shall permit
service by publication or by mail unless the petitioner requests
additional time to attempt personal service. A hearing under this
subsection is not necessary if the vulnerable adult has been determined
to be fully incapacitated over either the person or the estate, or
both, under the guardianship laws, chapter 11.88 RCW. If a hearing is
scheduled under this subsection, the protection order shall remain in
effect pending the court's decision at the subsequent hearing.
(3) At the hearing scheduled by the court, the court shall give the
vulnerable adult, the respondent, the petitioner, and in the court's
discretion other interested persons, the opportunity to testify and
submit relevant evidence.
(4) If the court determines that the vulnerable adult is capable of
protecting his or her person or estate in connection with the issues
raised in the petition, and the individual continues to object to the
protection order, the court shall dismiss the order or may modify the
order if agreed to by the vulnerable adult. If the court determines
that the vulnerable adult is not capable of protecting his or her
person or estate in connection with the issues raised in the petition
or order, and that the individual continues to need protection, the
court shall order relief consistent with RCW 74.34.130 as it deems
necessary for the protection of the vulnerable adult. In the entry of
any order that is inconsistent with the expressed wishes of the
vulnerable adult, the court's order shall be governed by the
legislative findings contained in RCW 74.34.005.
NEW SECTION. Sec. 4 A new section is added to chapter 74.34 RCW
to read as follows:
(1) If the respondent, or the vulnerable adult where the petition
is filed by someone other than the vulnerable adult, was not personally
served with the petition, notice of hearing, and ex parte order before
the hearing, the court shall reset the hearing for twenty-four days
from the date of entry of the order and may order service by
publication instead of personal service under the following
circumstances:
(a) The sheriff, municipal officer, or other process server files
an affidavit stating that the officer or process server was unable to
complete personal service upon the party to be served. The affidavit
must describe the number and types of attempts the officer made to
complete service;
(b) The petitioner files an affidavit stating that the petitioner
believes that the party to be served is hiding from the server to avoid
service or is being hidden from the server to avoid service. The
petitioner's affidavit must state the reasons for the belief that the
party to be served is avoiding service or being hidden to avoid
service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this section,
notice of hearing, and the ex parte order of protection in the post
office, directed to the party to be served at the party's last known
address, unless the server states that the server does not know the
address of the party to be served; and
(d) The court finds reasonable grounds exist to believe that the
party to be served is concealing himself or herself to avoid service or
is being hidden from the server to avoid service, and that further
attempts to personally serve the party to be served would be futile or
unduly burdensome.
(2) The court shall reissue the temporary order of protection not
to exceed another twenty-four days from the date of reissuing the ex
parte protection order and order to provide service by publication.
(3) The publication shall be made in a newspaper of general
circulation in the county where the petition was brought and in the
county of the last known address of the party to be served once a week
for three consecutive weeks. The newspaper selected must be one of the
three most widely circulated papers in the county. The publication of
summons shall not be made until the court orders service by publication
under this section. Service of the summons shall be considered
complete when the publication has been made for three consecutive
weeks. The summons must be signed by the petitioner. The summons
shall contain the date of the first publication, and shall require the
respondent upon whom service by publication is desired to appear and
answer the petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition and a
summary of the provisions under the ex parte order. The summons shall
be essentially in the following form:
NEW SECTION. Sec. 5 A new section is added to chapter 74.34 RCW
to read as follows:
(1) In circumstances justifying service by publication under
section 4 of this act, if the serving party files an affidavit stating
facts from which the court determines that service by mail is just as
likely to give actual notice as service by publication and that the
serving party is unable to afford the cost of service by publication,
the court may order that service be made by mail. The service shall be
made by any person over eighteen years of age, who is competent to be
a witness, other than a party, by mailing copies of the order and other
process to the party to be served at his or her last known address or
any other address determined by the court to be appropriate. Two
copies shall be mailed, postage prepaid, one by ordinary first-class
mail and the other by a form of mail requiring a signed receipt showing
when and to whom it was delivered. The envelopes must bear the return
address of the sender.
(2) Proof of service under this section shall be consistent with
court rules for civil proceedings.
(3) Service under this section may be used in the same manner and
shall have the same jurisdictional effect as service by publication for
purposes of this chapter. Service shall be deemed complete upon the
mailing of two copies as prescribed in this section.
NEW SECTION. Sec. 6 A new section is added to chapter 74.34 RCW
to read as follows:
Following completion of service by publication as provided in
section 4 of this act or by mail as provided in section 5 of this act,
if the party served by publication or by mail fails to appear at the
hearing, the court may issue an order of protection as provided in RCW
74.34.130."
SHB 2487 -
By Committee on Judiciary
On page 1, line 1 of the title, after "orders;" strike the remainder of the title and insert "amending RCW 74.34.120 and 74.34.135; and adding new sections to chapter 74.34 RCW."