reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.010 - Finding—Intent.

RCW 13.36.010
Finding—Intent.
The legislature finds that a guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 RCW and who cannot safely be reunified with his or her parents. The legislature is concerned that parents not be pressured by the department into agreeing to the entry of a guardianship when further services would increase the chances that the child could be reunified with his or her parents. The legislature intends to create a separate guardianship chapter to establish permanency for children in foster care through the appointment of a guardian and dismissal of the dependency.
[ 2010 c 272 § 1.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.020 - Definitions.

RCW 13.36.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means any individual under the age of eighteen years.
(2) "Department" means the department of children, youth, and families.
(3) "Dependent child" means a child who has been found by a court to be dependent in a proceeding under chapter 13.34 RCW.
(4) "Guardian" means a person who: (a) Has been appointed by the court as the guardian of a child in a legal proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to court order. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW for the purpose of assisting the court in supervising the dependency.
(5) "Relative" means a person related to the child in the following ways: (a) Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great; (b) stepfather, stepmother, stepbrother, and stepsister; (c) a person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; (d) spouses of any persons named in (a), (b), or (c) of this subsection, even after the marriage is terminated; (e) relatives, as named in (a), (b), (c), or (d) of this subsection, of any half sibling of the child; or (f) extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(6) "Suitable person" means a nonrelative with whom the child or the child's family has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child; and with whom the child has been placed pursuant to RCW 13.34.130.
(7) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.
[ 2017 3rd sp.s. c 6 § 419; 2017 3rd sp.s. c 6 § 310. Prior: 2010 c 272 § 2.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.030 - Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service members' civil relief act.

RCW 13.36.030
Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service members' civil relief act.
(1) Any party to a dependency proceeding under chapter 13.34 RCW may request a guardianship be established for a dependent child by filing a petition in juvenile court under this chapter. All parties to the dependency and the proposed guardian must receive adequate notice of all proceedings under this chapter. Service of the notice and summons may be made under direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department employee. For purposes of this chapter, a dependent child age twelve years or older is a party to the proceedings. A proposed guardian has the right to intervene in proceedings under this chapter.
(2) To be designated as a proposed guardian in a petition under this chapter, a person must be age twenty-one or over and must meet the minimum requirements to care for children as established by the department under RCW 74.15.030, including but not limited to licensed foster parents, relatives, and suitable persons.
(3) Every petition filed in proceedings under this chapter shall contain: (a) A statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of that act shall apply; (b) a statement alleging whether the federal servicemembers civil relief act of 2003, 50 U.S.C. Sec. 501 et seq. applies to the proceeding; and (c) a statement alleging whether the Washington service members' civil relief act, chapter 38.42 RCW, applies to the proceeding.
(4) Every order or decree entered in any proceeding under this chapter shall contain: (a) A finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied; (b) a finding that the federal servicemembers civil relief act of 2003 does or does not apply; and (c) a finding that the Washington service members' civil relief act, chapter 38.42 RCW, does or does not apply.
[ 2019 c 470 § 2; 2010 c 272 § 3.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.060 - Guardianship modification—Attorneys' fees, court costs.

RCW 13.36.060
Guardianship modification—Attorneys' fees, court costs.
(1) A guardian or a parent of the child may petition the court to modify the visitation provisions of a guardianship order by:
(a) Filing with the court a motion for modification and an affidavit setting forth facts supporting the requested modification; and
(b) Providing notice and a copy of the motion and affidavit to all other parties. The nonmoving parties may file and serve opposing affidavits.
(2) The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the affidavits, in which case it shall set a date for hearing on an order to show cause why the requested modification should not be granted.
(3) If the court finds that a motion to modify a guardianship order has been brought in bad faith, the court may assess attorneys' fees and court costs of the nonmoving party against the moving party.
[ 2010 c 272 § 6.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.070 - Guardianship termination—Petition, affidavit.

RCW 13.36.070
Guardianship termination—Petition, affidavit.
(1) Any party to a guardianship proceeding may request termination of the guardianship by filing a petition and supporting affidavit alleging a substantial change has occurred in the circumstances of the child or the guardian and that the termination is necessary to serve the best interests of the child. The petition and affidavit must be served on the department or supervising agency and all parties to the guardianship.
(2) Except as provided in subsection (3) of this section, the court shall not terminate a guardianship unless it finds, upon the basis of facts that have arisen since the guardianship was established or that were unknown to the court at the time the guardianship was established, that a substantial change has occurred in the circumstances of the child or the guardian and that termination of the guardianship is necessary to serve the best interests of the child. The effect of a guardian's duties while serving in the military potentially impacting guardianship functions shall not, by itself, be a substantial change of circumstances justifying termination of a guardianship.
(3) The court may terminate a guardianship on the agreement of the guardian, the child, if the child is age twelve years or older, and a parent seeking to regain custody of the child if the court finds by a preponderance of the evidence and on the basis of facts that have arisen since the guardianship was established that:
(a) The parent has successfully corrected the parenting deficiencies identified by the court in the dependency action, and the circumstances of the parent have changed to such a degree that returning the child to the custody of the parent no longer creates a risk of harm to the child's health, welfare, and safety;
(b) The child, if age twelve years or older, agrees to termination of the guardianship and the return of custody to the parent; and
(c) Termination of the guardianship and return of custody of the child to the parent is in the child's best interests.
(4) Upon the entry of an order terminating a guardianship, the court shall enter an order:
(a) Granting the child's parent with legal and physical custody of the child;
(b) Granting a substitute guardian with legal and physical custody of the child; or
(c) Directing the child to be temporarily placed in the custody of the department for placement with a relative or other suitable person as defined in RCW 13.34.130(1)(b), if available, or in an appropriate licensed out-of-home placement, and directing that the department file a dependency petition on behalf of the child.
[ 2010 c 272 § 7.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.080 - Appointment of guardian ad litem or attorney for the child.

RCW 13.36.080
Appointment of guardian ad litem or attorney for the child.
In all proceedings to establish, modify, or terminate a guardianship order, the court shall appoint a guardian ad litem or attorney for the child. The court may appoint a guardian ad litem or attorney who represented the child in a prior proceeding under this chapter or under chapter 13.34 RCW, or may appoint an attorney to supersede an existing guardian ad litem.
[ 2010 c 272 § 8.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.36 - Guardianship. › 13.36.090 - Guardianship subsidies—Eligibility.

RCW 13.36.090
Guardianship subsidies—Eligibility.
(1) Any guardian who is a foster parent licensed pursuant to RCW 74.15.030 at the time a guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child. The department may establish rules setting eligibility, application, and program standards consistent with applicable federal guidelines for expenditure of state and federal funds.
(2) A child is eligible for guardianship subsidies when:
(a) The child has been placed for at least six consecutive months with a guardian who has been licensed for at least six consecutive months; or
(b) The child is placed with a guardian who is already receiving a guardianship assistance subsidy for the benefit of the child's sibling.
(3) A child need not be eligible for federal foster care reimbursement in order to qualify for state-funded guardianship assistance payments.
(4) Nothing in this section shall be construed to create an entitlement to guardianship assistance subsidies.
[ 2023 c 221 § 1; 2010 c 272 § 9.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.020 - Application.

RCW 13.38.020
Application.
This chapter shall apply in all child custody proceedings as that term is defined in this chapter. Whenever there is a conflict between chapter 13.32A, 13.34, 13.36, *26.10, or 26.33 RCW, the provisions of this chapter shall apply.
[ 2011 c 309 § 2.]
NOTES:
*Reviser's note: Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 § 905. RCW 26.10.115 was repealed by 2021 c 215 § 170, effective July 1, 2022.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.030 - Findings and intent.

RCW 13.38.030
Findings and intent.
The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the children, or the interests of their tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the federal Indian child welfare act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the state is committed to a placement that reflects and honors the unique values of the child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's tribe and tribal community.
It is the intent of the legislature that this chapter is a step in clarifying existing laws and codifying existing policies and practices. This chapter shall not be construed to reject or eliminate current policies and practices that are not included in its provisions.
The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section 109 of the federal Indian child welfare act. The legislature finds that this chapter specifies the minimum requirements that must be applied in a child custody proceeding and does not prevent the department from providing a higher standard of protection to the right of any Indian child, parent, Indian custodian, or Indian child's tribe.
It is also the legislature's intent that the department's policy manual on Indian child welfare, the tribal-state agreement, and relevant local agreements between individual federally recognized tribes and the department should serve as persuasive guides in the interpretation and implementation of the federal Indian child welfare act, this chapter, and other relevant state laws.
[ 2011 c 309 § 3.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.050 - Determination of Indian status.

RCW 13.38.050
Determination of Indian status.
Any party seeking the foster care placement of, termination of parental rights over, or the adoption of a child must make a good faith effort to determine whether the child is an Indian child. This shall be done by consultation with the child's parent or parents, any person who has custody of the child or with whom the child resides, and any other person that reasonably can be expected to have information regarding the child's possible membership or eligibility for membership in an Indian tribe to determine if the child is an Indian child, and by contacting any Indian tribe in which the child may be a member or may be eligible for membership. Preliminary contacts for the purpose of making a good faith effort to determine a child's possible Indian status , do not constitute legal notice as required by RCW 13.38.070.
[ 2011 c 309 § 5.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.060 - Jurisdiction.

RCW 13.38.060
Jurisdiction.
(1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction, or the state is exercising emergency jurisdiction in strict compliance with RCW 13.38.140.
(2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction, notwithstanding the residence or domicile of the child.
[ 2011 c 309 § 6.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.080 - Transfer of jurisdiction.

RCW 13.38.080
Transfer of jurisdiction.
(1) In any proceeding for the foster care placement of, or termination of parental rights to, an Indian child who is not domiciled or residing within the reservation of the Indian child's tribe, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe, upon the motion of any of the following persons:
(a) Either of the child's parents;
(b) The child's Indian custodian;
(c) The child's tribe; or
(d) The child, if age twelve or older.
The transfer shall be subject to declination by the tribe. The tribe shall have seventy-five days to affirmatively respond to a motion or order transferring jurisdiction to the tribal court. A failure of the tribe to respond within the seventy-five day period shall be construed as a declination to accept transfer of the case.
(2) If the child's tribe has not formally intervened, the moving party shall serve a copy of the motion and all supporting documents on the tribal court to which the moving party seeks transfer.
(3) If either of the Indian child's parents objects to transfer of the proceeding to the Indian child's tribe, the court shall not transfer the proceeding.
(4) Following entry of an order transferring jurisdiction to the Indian child's tribe:
(a) Upon receipt of an order from a tribal court accepting jurisdiction, the state court shall dismiss the child custody proceeding without prejudice.
(b) Pending receipt of such tribal court order, the state court may conduct additional hearings and enter orders which strictly comply with the requirements of the federal Indian child welfare act and this chapter. The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction.
(c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement.
[ 2011 c 309 § 8.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.090 - Right to intervene.

RCW 13.38.090
Right to intervene.
The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child.
[ 2011 c 309 § 9.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.100 - Full faith and credit.

RCW 13.38.100
Full faith and credit.
The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings.
[ 2011 c 309 § 10.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.110 - Right to counsel.

RCW 13.38.110
Right to counsel.
In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that the appointment is in the best interests of the Indian child.
[ 2011 c 309 § 11.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.120 - Right to examine reports, other documents.

RCW 13.38.120
Right to examine reports, other documents.
Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based.
[ 2011 c 309 § 12.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.140 - Emergency removal or placement of Indian child—Notice.

RCW 13.38.140
Emergency removal or placement of Indian child—Notice.
(1) Notwithstanding any other provision of federal or state law, nothing shall be construed to prevent the department or law enforcement from the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home, under applicable state law, to prevent imminent physical damage or harm to the child.
(2) The department or law enforcement agency shall ensure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the federal Indian child welfare act and this chapter to transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the child's parent or Indian custodian, if appropriate.
(3) When the nature of the emergency allows, the department must notify the child's tribe before the removal has occurred. If prior notification is not possible, the department shall notify the child's tribe by the quickest means possible. The notice must contain the basis for the Indian child's removal, the time, date, and place of the initial hearing, and the tribe's right to intervene and participate in the proceeding. This notice shall not constitute the notice required under RCW 13.38.070 for purposes of subsequent dependency, termination of parental rights, or adoption proceedings.
[ 2011 c 309 § 14.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.150 - Consent to foster care placement or termination of parental rights—Withdrawal.

RCW 13.38.150
Consent to foster care placement or termination of parental rights—Withdrawal.
(1) If an Indian child's parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent is not valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court must also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent for release of custody given prior to, or within ten days after, the birth of the Indian child shall not be valid.
(2) An Indian child's parent or Indian custodian may withdraw consent to a voluntary foster care placement at any time and, upon the withdrawal of consent, the child shall be returned to the parent or Indian custodian.
(3) In a voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of an order terminating parental rights or a final decree of adoption, and the child shall be returned to the parent.
(4) After the entry of a final decree of adoption of an Indian child, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress. Upon a finding that such consent was obtained through fraud or duress the court shall vacate the decree and return the child to the parent. No adoption which has been effective for at least two years may be invalidated under this section unless otherwise allowed by state law.
[ 2011 c 309 § 15.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.160 - Improper removal of Indian child.

RCW 13.38.160
Improper removal of Indian child.
If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.
[ 2011 c 309 § 16.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.170 - Removal of Indian child from adoptive or foster care placement.

RCW 13.38.170
Removal of Indian child from adoptive or foster care placement.
(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to their custody and the court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or prior Indian custodian is not in the best interests of the Indian child.
(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
[ 2011 c 309 § 17.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.38 - Indian Child Welfare Act. › 13.38.190 - Review of cases—Standards and procedures—Compliance.

RCW 13.38.190
Review of cases—Standards and procedures—Compliance.
(1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this chapter. These standards and procedures and the monitoring methods shall also be integrated into the department's child welfare contracting and contract monitoring process.
(2) Nothing in this chapter shall affect, impair, or limit rights or remedies provided to any party under the federal Indian child welfare act, 25 U.S.C. Sec. 1914.
[ 2011 c 309 § 19.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.010 - Short title—Intent—Purpose.

RCW 13.40.010
Short title—Intent—Purpose.
(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.
(2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders and their victims, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or her criminal behavior;
(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have committed an offense;
(f) Provide for the rehabilitation and reintegration of juvenile offenders;
(g) Provide necessary treatment, supervision, and custody for juvenile offenders;
(h) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;
(i) Provide for restitution to victims of crime;
(j) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;
(k) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services;
(l) Provide opportunities for victim participation in juvenile justice process, including court hearings on juvenile offender matters, and ensure that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and
(m) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.
[ 2016 c 136 § 1; 2004 c 120 § 1; 1997 c 338 § 8; 1992 c 205 § 101; 1977 ex.s. c 291 § 55.]
NOTES:
Effective date—2004 c 120: "This act takes effect July 1, 2004." [ 2004 c 120 § 11.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—1992 c 205: "Part headings as used in this act do not constitute any part of the law." [ 1992 c 205 § 405.]
Severability—1992 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1992 c 205 § 406.]
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.

RCW 13.40.030
Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
(1) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.
(2) The permissible ranges of confinement resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:
(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and
(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.
[ 2003 c 207 § 5; 1996 c 232 § 5; 1989 c 407 § 3; 1985 c 73 § 1; 1983 c 191 § 6; 1981 c 299 § 5; 1979 c 155 § 55; 1977 ex.s. c 291 § 57.]
NOTES:
Effective dates—1996 c 232: "(1) Sections 1 through 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 28, 1996].
(2) Section 9 of this act takes effect July 1, 1996." [ 1996 c 232 § 12.]
Legislative ratification—1989 c 271: "The legislature ratifies the juvenile disposition standards commission guidelines submitted to the 1989 legislature and endorses the action to increase penalties for juvenile drug offenders." [ 1989 c 271 § 602.]
Effective date—1985 c 73: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [ 1985 c 73 § 3.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.0351 - Equal application of guidelines and standards.

RCW 13.40.0351
Equal application of guidelines and standards.
The sentencing guidelines and prosecuting standards apply equally to juvenile offenders in all parts of the state, without discrimination as to any element that does not relate to the crime or the previous record of the offender.
[ 1989 c 407 § 5.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.038 - County juvenile detention facilities—Policy—Detention and risk assessment standards.

RCW 13.40.038
County juvenile detention facilities—Policy—Detention and risk assessment standards.
(1) It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW.
(2) The counties shall develop and implement detention intake standards and risk assessment standards to determine whether detention is warranted, whether the juvenile is developmentally disabled, and if detention is warranted, whether the juvenile should be placed in secure, nonsecure, or home detention to implement the goals of this section.
(3) Inability to pay for a less restrictive detention placement shall not be a basis for denying a respondent a less restrictive placement in the community.
(4) The assessment standards to determine whether a juvenile entering detention is developmentally disabled must be developed and implemented no later than December 31, 2012.
[ 2012 c 120 § 1; 1992 c 205 § 105; 1986 c 288 § 7.]
NOTES:
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Severability—1986 c 288: See note following RCW 43.185C.260.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.045 - Escapees—Arrest warrants.

RCW 13.40.045
Escapees—Arrest warrants.
The secretary or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
[ 2017 3rd sp.s. c 6 § 607; 1997 c 338 § 14; 1994 sp.s. c 7 § 518.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.054 - Probation bond or collateral—Modification or revocation of probation bond.

RCW 13.40.054
Probation bond or collateral—Modification or revocation of probation bond.
(1) As provided in this chapter, the court may order a juvenile to post a probation bond as defined in RCW 13.40.020 or to deposit cash or post other collateral in lieu of a probation bond, to enhance public safety, increase the likelihood that a respondent will appear as required to respond to charges, and increase compliance with community supervision imposed under various alternative disposition options. The parents or guardians of the juvenile may sign for a probation bond on behalf of the juvenile or deposit cash or other collateral in lieu of a bond if approved by the court.
(2) A parent or guardian who has signed for a probation bond, deposited cash, or posted other collateral on behalf of a juvenile has the right to notify the court if the juvenile violates any of the terms and conditions of the bond. The parent or guardian who signed for a probation bond may move the court to modify the terms of the bond or revoke the bond without penalty to the surety or parent. The court shall notify the surety if a parent or guardian notifies the court that the juvenile has violated conditions of the probation bond and has requested modification or revocation of the bond. At a hearing on the motion, the court may consider the nature and seriousness of the violation or violations and may either keep the bond in effect, modify the terms of the bond with the consent of the parent or guardian and surety, or revoke the bond. If the court revokes the bond the court may require full payment of the face amount of the bond. In the alternative, the court may revoke the bond and impose a partial payment for less than the full amount of the bond or may revoke the bond without imposing any penalty. In reaching its decision, the court may consider the timeliness of the parent's or guardian's notification to the court and the efforts of the parent and surety to monitor the offender's compliance with conditions of the bond and release. A surety shall have the same obligations and rights as provided sureties in adult criminal cases. Rules of forfeiture and revocation of bonds issued in adult criminal cases shall apply to forfeiture and revocation of probation bonds issued under this chapter except as specifically provided in this subsection.
[ 1995 c 395 § 1.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.058 - Fines, administrative fees, costs, and surcharges prohibited.

RCW 13.40.058
Fines, administrative fees, costs, and surcharges prohibited.
No fine, administrative fee, cost, or surcharge may be imposed or collected by the court or any agent of the court against any juvenile or a juvenile's parent or guardian, or other person having custody of the juvenile, in connection with any juvenile offender proceeding including, but not limited to, fees for diversion, DNA sampling, or victims' penalty assessments.
[ 2023 c 449 § 14.]
NOTES:
Application—2023 c 449: "Nothing in this act requires a court to refund or reimburse amounts previously paid towards legal financial obligations, interests on legal financial obligations, or any other costs." [ 2023 c 449 § 22.]
Effective date—2023 c 449: "Except for section 15 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023." [ 2023 c 449 § 27.]
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.087 - Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.

RCW 13.40.087
Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.
Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that youth with the services and treatment specified in RCW * 74.14B.060 and 74.14B.070.
[ 2010 c 289 § 5.]
NOTES:
*Reviser's note: RCW 74.14B.060 was repealed by 2012 c 29 § 14.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.090 - Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.

RCW 13.40.090
Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
The county prosecuting attorney shall be a party to all juvenile court proceedings involving juvenile offenders or alleged juvenile offenders.
The prosecuting attorney may, after giving appropriate notice to the juvenile court, decline to represent the state of Washington in juvenile court matters except felonies unless requested by the court on an individual basis to represent the state at an adjudicatory hearing in which case he or she shall participate. When the prosecutor declines to represent the state, then such function may be performed by the juvenile court probation counselor authorized by the court or local court rule to serve as the prosecuting authority.
If the prosecuting attorney elects not to participate, the prosecuting attorney shall file with the county clerk each year by the first Monday in July notice of intent not to participate. In a county wherein the prosecuting attorney has elected not to participate in juvenile court, he or she shall not thereafter until the next filing date participate in juvenile court proceedings unless so requested by the court on an individual basis, in which case the prosecuting attorney shall participate.
[ 1977 ex.s. c 291 § 63.]
NOTES:
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
2023 Revised Code of Washington › Title 13 - Juvenile Courts and Juvenile Offenders › Chapter 13.40 - Juvenile Justice Act of 1977. › 13.40.100 - Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.

RCW 13.40.100
Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.
(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.
(2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.
(3) A copy of the information shall be attached to each summons.
(4) The summons shall advise the parties of the right to counsel.
(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.
(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.
(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 § 19; 1979 c 155 § 62; 1977 ex.s. c 291 § 64.]
NOTES:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.