WSR 97-13-019

RULES OF COURT

STATE SUPREME COURT

[June 5, 1997]

IN THE MATTER OF THE ADOPTION ) ORDER

OF THE AMENDMENTS TO JuCR 1.2 ) NO. 25700-A-603

(b); JuCR 1.5(2); JuCR 2.3(d); JuCR 2.4 )

(c); JuCR 2.5; JuCR 3.3(c); JuCR 3.4(d); )

JuCR 3.7(c); JuCR 3.8(d); JuCR 3.9; JuCR )

4.3 (a), (b); Title V; JuCR 5.1; JuCR 5.2; )

JuCR 5.3; JuCR 5.4; JuCR 5.5; JuCR 5.6; )

JuCR 5.7; New JuCR 5A--Title; New JuCR )

5A.1; New JuCR 5A.2; New JuCR 5A.3; )

New JuCR 5A.4; New JuCR 5A.5; New )

JuCR 5A.6; JuCR 7.3 (e), (f); JuCR 7.7 )

(9), (14), (15), (16), (17), (18), (19); )

JuCR 7.13; JuCR 9.1; AND JrCR 92 )

9.1; AND JuCR 9.2 )

The Superior Court Judges' Association having recommended the adoption of the proposed amendments to JuCR 1.2(b); JuCR 1.5(2); JuCR 2.3(d); JuCR 2.4(c); JuCR 2.5; JuCR 3.3(c); JuCR 3.4(d); JuCR 3.7(c); JuCR 3.8(d); JuCR 3.9; JuCR 4.3 (a), (b); Title V; JuCR 5.1; JuCR 5.2; JuCR 5.3; JuCR 5.4; JuCR 5.5; JuCR 5.6; JuCR 5.7; New JuCR 5A--Title; New JuCR 5A.1; New JuCR 5A.2; New JuCR 5A.3; New JuCR 5A.4; New JuCR 5A.5; New JuCR 5A.6; JuCR 7.3 (e), (f); JuCR 7.7 (9), (14), (15), (16), (17), (18), (19); JuCR 7.13; JuCR 9.1; and JuCR 9.2, and the Court having considered the amendments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective September 1, 1997.

DATED at Olympia, Washington this 5th day of June, 1997.

Durham, C.J.

_______________________

Dolliver, J. Madsen, J.

________________________ ________________________

Smith, J. Talmadge, J.

________________________ ________________________

Guy, J. Alexander, J.

________________________ ________________________

Johnson, J. Sanders, J.

________________________ ________________________

(b) Indian Children. In the case of an Indian child. refer to the as defined by the federal Indian Child Welfare Act of 1978, jurisdiction and proceedings under these rules shall be in accordance with that act.

The status of all juveniles found to be dependent prior to July 1, 1978, shall be reviewed as provided in RCW 13.34.130(3)(5).

(d) Indian Children. If the petitioner knows or has reason to know that the child juvenile is a member of an Indian child tribe as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(9)(10) and 25 USC 1912.

(c) Release of Juvenile on Conditions. The court may release the juvenile on those conditions it deems appropriate. As provided in RCW 13.34.060(7)(9), the conditions may be modified upon notice to the parties given accordance with rule 11.2 and after a hearing.

The court may amend a shelter care order as provided in RCW 13.34.060(8)(10) at a hearing held after notice to the parties given in accordance with rule 11.2. Any party may move to amend a shelter care order.

(c) Membership in Indian Tribe Indian Children. If the petitioner knows or has reason to know that the juvenile is a member of an Indian child tribe as defined by the federal Indian Child Welfare Act, the petition shall so state and shall name the tribe, if known, to which the juvenile belongs.

(d) Indian Children. If the petitioner knows or has reason to know that the child juvenile is a member of an Indian child tribe as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(9)(10) and 25 USC 1912.

(c) Burden of Proof. In a fact-finding hearing on a petition alleging dependency pursuant to RCW 13.34.030(2)(4), the facts alleged in the petition must be proven by a preponderance of the evidence.

(d) Submission of Agency Plan. If the agency plan referred to in RCW 13.34.130(2)(3) is not submitted to the court at the time of the disposition hearing, it shall be filed with the court and distributed to all parties within 30 days after the disposition hearing.

The status of all juveniles found to be dependent shall be reviewed by the court at least every 6 months, in accordance with RCW 13.34.130(3)(5), except when a guardianship has been established under RCW 13.34.231 and 13.34.232. The parties shall be given notice of the review hearing in accordance with rule 11.2. All parties shall have the right to be present at the review hearing and to be heard. Notice of a review hearing concerning a juvenile who had been found dependent under RCW 13.34.030(2)(4) and who has been removed from the parental home shall include an advisement that a petition to terminate the parent-child relationship may be filed.

(a) Generally. Notice of the termination hearing and a coup of the petition shall be served on all parties in the manner defined by RCW 13.34.070(7) and (8) or published in the manner defined by RCW 13.34.080.

(b) Indian Children. If the petitioner knows or has reason to know that the child juvenile is a member of an Indian child tribe as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(9)(10) and 25 USC 1912.

Juvenile court jurisdiction is invoked over a proceeding for alternative residential placement a child in need of services by filing a petition.

(a) Petition. A petition requesting an alternative residential out-of-home placement, conforming to the requirements of rule 3.3, may be filed by a child or child's custodial parent, legal custodian, or guardian pursuant to RCW 74.13.031 13.32A.030(13), RCW 13.32A.120 (2) or (3), or RCW 13.32A.150, or by the Department of Social and Health Services pursuant to RCW 13.32A.140.

(b) Venue. The petition shall be filed in the county where the custodial parent, legal custodian, or guardian resides or where the child is located. The hearing may be held in the county of the parent's residence upon request of any party.

(c) Amendment of Petition. A petition may be amended as provided in rule 3.5.

(d) Answer. A party may answer a petition as provided in rule 3.6.

(e) Release of Child in Crisis Residential Center. If a child is held in a crisis residential center, a petition shall be filed by the Department of Social and Health Services pursuant to RCW 13.32A.140 on the day that the 72-hour time limit specified in RCW 13.32A.140 expires, unless that day is a Saturday, Sunday, or holiday, or the child shall be released. If that day is a Saturday, Sunday, or holiday, the petition shall be deemed filed 1 within the time limits of RCW 13.32A.130, RCW 13.32A.140, and this rule if the Department files the petition on the next judicial day.

(a) Time. When a proper petition has been filed, the court shall schedule a fact-finding hearing upon the question of alternative residential out-of-home placement with reasonable speed. The hearing shall be held within 14 days after the filing of the petition, unless the time is extended for good cause shown 5 calendar days after the filing of the petition if the child is in a center, or is not residing at home nor in and out-of-home placement pursuant to RCW 13.32A.160, otherwise the hearing shall be held within 10 calendar days.

(b) Interim Placement Review Hearing. Upon written request of the child or the child's parent, the court shall schedule and hold an interim placement review hearing in accordance with RCW 13.32A.160(3). The parties shall be notified of the date and place of the hearing in accordance with rule 11.2.

The notice required by RCW 13.32A.160 shall be given in accordance with rule 11.2. The notice shall also include the following:

(1) Right to Lawyer. A statement advising the parents of their right to be represented by a retained lawyer at the hearing, and, that if the parents cannot afford a lawyer are indigent, that one will be appointed for them in accordance with rule 9.2;

(2) Location of Hearing. A statement advising the parties of the right to request that the hearing be held in the county where the parent resides;

(3) (2) Consequences of Petition Approval. A statement advising the parties that if the court approves the petition, the child will be placed in a residence outside the parental home to be as determined by the court or by the Department of Social and Health Services, and that the parents will not be relieved of financial responsibility for the child unless the parents oppose placement and continuously seek reconciliation with and return of the child;

(4) (3) Consequences of Petition Disapproval.

(5) (4) Right to Present Evidence. A statement advising the parties that they will be allowed to present evidence at the hearing on the petition; and.

(6) Right to Challenge Interim Placement. A statement advising the parties that if a parent or the child objects to the interim placement of the child by the Department of Social and Health Services, the parent or child may make a written request for court review of the child's placement and receive a hearing within 3 court days.

The fact-finding hearing to consider the child's placement a proper child in need of services petition shall be held in accordance with RCW 13.32A.170

(a) Time. A disposition hearing to consider the 3 month disposition plan shall be held within 14 days after of the factfinding hearing approval of a temporary out-of-home placement. The court may, for good cause shown, continue the hearing upon the request of a party or the Department of Social and Health Services.

(b) Notice. The notice of the disposition hearing required by RCW 13.32A.170(3)179(1) shall be given to the parties and to the Department of Social and Health Services in accordance with rule 11.2.

(c) Hearing. The hearing to consider the disposition plan shall be held in accordance with RCW 13.32A.180179.

The court shall schedule a review of a dispositional order of an any alternative residential out-of-home placement within 3 months of the placement. The notice of the review hearing required by RCW 13.32A.190 may be given to the parties at the placement hearing, or they may be notified in accordance with rule 11.2. The hearing shall be conducted in accordance with RCW 13.32A.190.

Juvenile court jurisdiction is invoked over an At-Risk Youth by filing a petition.

When a proper petition has been filed, the court shall schedule a fact-finding hearing. The hearing shall be held within 5 calendar days after the filing of the petition if the child is in a center, or is not residing at home nor in an out-of-home placement pursuant to RCW 13.32A.192, otherwise the hearing shall be held within 10 calendar days.

The notice required by RCW 13.32A.192 shall be given in accordance with rule 11.2. The notice shall also include the following:

(1) Right to Lawyer. A statement advising the parent of their right to be represented by an attorney at their own expense;

(2) Consequences of Petition Approval. A statement advising the parties of the legal consequences should the court find the child to be an at-risk youth;

(3) Right to Present Evidence. A statement advising the parties that they will be allowed to present evidence at the hearing on the petition.

The fact-finding hearing to consider a proper at-risk youth petition shall be held in accordance with RCW 13.32A.194

(a) Time. The hearing to consider a disposition plan shall be held within 14 days after the fact-finding hearing of on an at-risk youth petition.

(b) Notice. The notice of the disposition hearing required by RCW 13.32A.194 shall be given to the parties and may be given to the Department of Social and Health Services in accordance with rule 11.2.

(c) Hearing. The hearing to consider the disposition plan shall be held in accordance with RCW 13.32A.196.

Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter for review within 3 months. The notice of the review hearing required by RCW 13.32A.198(1) may be given to the parties at the disposition hearing, or they may be notified in accordance with rule 11.2. The Hearing shall be conducted in accordance with RCW 13.32A.198.

(e) If Motion Not Filed Before Custody. If a juvenile alleged to have violated a diversion agreement, a conditional release order, or a disposition order, or a deferred adjudication order is taken into custody and held in detention before a petition to terminate the diversion agreement, a motion to modify the conditional release order or the disposition order, or a motion to revoke the deferred adjudication order is filed, the court shall make every reasonable effort to conduct a hearing on the issue of detention by the end of the next judicial day. The juvenile shall be released unless a motion is filed within 72 hours (excluding Saturdays, Sundays, and holidays) after taking the juvenile into custody. In the absence of any prior determination, a juvenile held in detention after the filing of a motion shall be given a hearing to determine whether continued detention is necessary. The juvenile shall be released unless this determination is made within 72 hours (excluding Saturdays, Sundays, and holidays) after the juvenile is taken into custody.

(f) If Petition or Motion Filed Before Custody. If a juvenile alleged to have violated a diversion agreement, a conditional release order, or a disposition order, or a deferred adjudication order is taken into custody and held in detention after a petition to terminate the diversion agreement, or a motion to modify the conditional release order or the disposition order, or a motion to revoke the deferred adjudication order has been is filed, the juvenile shall be given a hearing within 72 hours (excluding Saturdays, Sundays, and holidays) of the time after taking the juvenile is taken into custody, or the juvenile shall be released.

9. I have been informed and fully understand that my plea of guilty and the court's acceptance of my plea will become part of my criminal history. I have also been informed and fully understand that if the offense is a felony class A felony, a serious violent offense, or a sex offense, then the plea will remain part of my criminal history when I am an adult. I also understand that if the offense is a class B or C felony that is not classified as a serious violent or sex offense, or the offense is a serious traffic offense and I was 15 years of age or older when the offense was committed, then the plea will remain part of my criminal history when I am an adult if I commit another offense prior to my twenty-third birthday.

14. I have been informed that if the offense that I am pleading guilty to involves a finding that the offense was committed while I was armed with a firearm, or if the offense was a violation of RCW 9.41.040 (1)(e) or chapter 66.44, 69.41, 69.50, or 69.52, and I was 13 years of age or older when the offense was committed, then the plea will result in the suspension or revocation of my privilege to drive. [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

15. I have been informed that if the offense that I am pleading guilty to is a violation of Title 46 RCW or similar municipal ordinances for reckless driving, driving or being in physical control of a motor vehicle while under the influence of intoxicants, driving while license suspended or revoked, vehicular assault, vehicular homicide, hit and run, felony elude, or other similar offense, the plea will result in the suspension or revocation of my privilege to drive. [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

16. I have been informed that if the offense that I am pleading guilty to involves a sexual offense, prostitution, or a drug offense associated with hypodermic needles, I will be required to undergo testing for the human immunodeficiency virus (HIV/AIDS). [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

17. I have been informed that if the offense that I am pleading guilty to involves a sex offense or violent offense, I will be required to provide a sample of my blood for purposes of DNA identification analysis. [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

18. I have been informed that if the offense that I am pleading guilty to involves a sex offense, I will be required to register with the sheriff of the county of the state of Washington where I reside. I must register immediately upon being sentenced unless I am in custody, in which case I must register within 24 hours of my release.

If I leave this state following my sentencing or release from custody but later move back to Washington, I must register within 30 days after moving to this state or within 24 hours after doing so if I am under the jurisdiction of this state's Juvenile Rehabilitation Administration or Department of Corrections.

If I change my residence within a county, I must send written notice of the change to the sheriff at least 14 days before moving. If I change my residence to a new county within this state, I must register with the sheriff of the new county at least 14 days before moving to the new county of residence and I must register with that county sheriff within 24 hours of moving and I must give written notice of my change of address to the sheriff of the county where last registered, both with 10 days of moving. If I move out of Washington State, I must send written notice within 10 days of moving to the new state or foreign country to the county sheriff with whom I last registered in Washington State. [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

19. I have been informed that if I am pleading guilty to any offense that is classified as a felony or a crime of domestic violence, or a crime of "harassment" as defined under RCW 9A.46.060 that I may not possess, own, or have under my control any firearm unless my right to do so is restored by a court of record. (PURSUANT TO RCW 9.41.047(1), THE JUDGE SHALL READ THIS SECTION TO THE OFFENDER IN OPEN COURT. THE CLERK SHALL FORWARD A COPY OF THE OFFENDER'S DRIVER'S LICENSE, IDENTICARD, OR COMPARABLE IDENTIFICATION TO THE DEPARTMENT OF LICENSING ALONG WITH THE DATE OF CONVICTION.) [If not applicable, this paragraph should be crossed out and initialed by the offender and the judge.]

If the only error asserted on appellate review is the appropriateness of the disposition, release of the juvenile pending review is governed by RCW 13.40.230(5). If additional or different errors are asserted, Pending appellate review of an order of adjudication or disposition, the juvenile court shall release the juvenile if the court determines, at a hearing, that detention is not necessary to prevent the juvenile from fleeing the jurisdiction or harming the juvenile or the person or property of others. Release of the juvenile pending review is governed by RCW 13.40.230(5).

The court shall appoint a lawyer for a child or parent in an alternative residential placement Child In Need of Services or an At Risk Youth proceeding when required by RCW 13.32A.160 (1)(e)(a)(ii)(c), and RCW 13.32A.190(1), or 13.32A.192 (1)(c).

(b) Child in Need of Services Proceedings. The court shall appoint a lawyer for indigent parents of a juvenile in a child in need of services proceeding.

(b) (c) Dependency and Termination Proceedings.

(c) (d) Juvenile Offense Proceedings. The court shall provide a lawyer at public expense in a juvenile offense proceeding when required by RCW 13.40.080(8)(10), RCW 13.40.140(2), or rule 6.2.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.