IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO JuCR 1.5; JuCR 2.1; JuCR 2.4; JuCR 3.9; JuCR 5.3; JuCR 5A.2; JuCR 6.4; JuCR 7.6; JuCR 7.12; AND JuCR 7.13

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ORDER NO. 25700-A-655

The Superior Court Judges' Association Family and Juvenile Law Committee having recommended the adoption of the proposed amendments to JuCR 1.5; JuCR 2.1; JuCR 2.4; JuCR 3.9; JuCR 5.3; JuCR 5A.2; JuCR 6.4; JuCR 7.6; JuCR 7.12; and JuCR 7.13, and the Court having considered the amendments and comments 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, 1999.

DATED at Olympia, Washington this 3rd day of June, 1999.

	Richard P. Guy
B. Durham	Alexander, J.
Smith, J.	Talmadge, J.
Johnson, J.	Sanders, J.
Madsen, J.	Ireland, J.

(a) Dependency and Termination Proceedings.

(1) Actions filed on or after May 1, 1978, alleging dependency or seeking the termination of the parent-child relationship, in which the court has not entered a final order of dependency or termination prior to July 1, 1978, shall, after July 1, 1978, be governed by RCW 13.34 and these rules.

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

(3) Any proceeding to modify a disposition order in a case involving a juvenile found, prior to July 1, 1978, to be dependent shall be governed by RCW 13.34 and these rules. (4) The court may modify the application of this section to a particular case when, in the opinion of the court, that application would work injustice.

(b) Juvenile Offense Proceedings. Juvenile offense proceedings shall be governed by the law in effect on the date the offense is found to have taken place.

Correction of inaccurate statutory reference.

Reviser's note: The typographical error in the above material occurred in the cipy filed by the State Supreme Court and appears in the Register pursuant to the requiremetns of RCW 34.08.040.

(b) With Court Order. A juvenile may be placed in shelter care with a court order if:

(1) A dependency petition has been filed pursuant to rule 3.2 and a motion has been made pursuant to section (c); or

(2) The juvenile has previously been found to be dependent, is the subject of a disposition order still in effect, and a motion has been made pursuant to section (c).

(c) Obtaining Shelter Care an Order to Take Child into Custody--Supporting Affidavit or Declaration Filed. A request for an order pursuant to RCW 13.34.050 shall be by motion supported by a statement of the facts that form the basis for the motion. The statement shall be in the form of a sworn affidavit, an unsworn declaration pursuant to RCW 9A.72.085, or testimony in open court an affidavit or declaration filed by the department in support of the petition setting forth specific factual information pursuant to RCW 13.34.050 and demonstrating a risk of imminent harm for the child.

(d) Obtaining an Order to Take Child into Custody--No Supporting Affidavit or Declaration Filed. A request for an order pursuant to RCW 13.34.050 in which the department has not filed with the court a supporting affidavit or declaration shall not be approved until the parents have been provided notice and the opportunity to be heard.

Pursuant to 1998 C 328 § 1, amending RCW 13.34.050.

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

(a) Inform Parties of Rights. The court shall inform the parties of their rights as set forth in RCW 13.34.090 and in Titles 2, 3, and 9 of these rules. The court may continue the hearing if the parties have been unable to retain a lawyer or have been unable to have a lawyer appointed for them.

(b) Hearing and Decision. The court shall hold the hearing on the question of shelter care in accordance with RCW 13.34.060(4) and RCW 13.34.090. The court shall make its decision in accordance with RCW 13.34.060(6).

(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), the conditions may be modified upon notice to the parties given in accordance with rule 11.2 and after a hearing.

Statutory references are broadened to streamline the need for updating.

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

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(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 has been found dependent under RCW 13.34.030(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.

Correction of inaccurate statutory reference.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

When a proper petition has been filed, pursuant to RCW 13.32A.160 the court shall schedule a fact-finding hearing upon the question of out-of-home placement. 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.160, otherwise the hearing shall be held within 10 calendar days. For a child who resides in a place other than his or her parent's home and other than an out-of-home placement as defined in RCW 13.32A.030, a hearing shall be held within 5 calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day. For a child living at home or in an out-of-home placement, a hearing shall be held within 10 days.

Pursuant to 1997 C146 § 6 amending RCW 13.32A160.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

When a proper petition has been filed, pursuant to RCW 13.32A.192 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. For a child who resides in a place other than his or her parent's home and other than an out-of-home placement as defined in RCW 13.32A.030, a hearing shall be held within 5 calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day. For a child living at home or in an out-of-home placement, a hearing shall be held within 10 days.

Pursuant to 1997 C146 § 8 amending RCW 13.32A.192.

Reviser's note: The typographical error in the above material occurred in the copy filed by the State Supreme Court and appears in the Register pursuant to the requirements of RCW 34.08.040.

(a) Advice When Confinement Possible. A juvenile alleged to have committed an offense for which an adult could be confined shall be given a copy of a statement in substantially the following form during the initial interview with a diversion unit. The statement shall also be read by, or read to, the juvenile before the juvenile signs the statement.

2. A diversion agreement is a contract between you and the diversion unit. A diversion agreement may require you to do certain things, such as community service, attend a counseling, informational, or educational interview, or make restitution, but you cannot be sent to jail. Under certain circumstances you may be counseled and released, which means no further action will be required of you.

3. If you sign a diversion agreement, or if you are counseled and released, the offense with which you are charged with and any diversion agreement will be part of your criminal history. When you have a criminal history, (A) you may not necessarily be permitted to participate in diversion for other offenses you have committed or may commit in the future, and (B) you may be given a longer sentence for other offenses you have committed or may commit in the future.

4. Your criminal history for this offense will show whether or not you have completed the terms of this diversion agreement.

5. Your criminal history may be available to the police, the prosecutor, the court, and the diversion unit.

6. If you do not follow the diversion agreement, the prosecutor may bring you to a hearing for the offenses with which you are charged with. If you do not appear at the court hearing, the court may order that you be arrested.

7. You may ask the court to seal your file on this offense if you have not been charged with another offense for 2 years after you finish diversion.

87. When you are 18 years old, you may ask the court to destroy all records on this offense if your criminal history consists of only one diversion and 2 years have passed since you completed the diversion agreement.

9. When you are 23 years old, you may ask the court to destroy all records on this offense if you have not been convicted of a felony or serious offense, and there is no criminal proceeding pending against you.

108. You have the right to talk to a lawyer about whether you should participate in diversion or whether you should go to court. You will not have to pay for a lawyer if you cannot afford it. If you do not believe you committed this offense, you should talk to a lawyer.

119. When you agree to participate in the diversion process, you do not have the right to have a free lawyer appointed for you to help you work out a diversion agreement, but you do have the right to have a lawyer help you work out a diversion agreement if you can afford to pay for it.

1210. You do not have to participate in diversion. If you do not participate, your case will go to court if charges are filed by the prosecutor. If your case goes to court, you can have a lawyer to represent you, and you will not have to pay for the lawyer if you cannot afford it. If you are found guilty in court, the maximum penalty cannot be greater than the maximum penalty the diversion unit may impose.

11. I have been informed and fully understand that if the offense for which I have entered into a diversion agreement is a violation of RCW 66.44, 69.41, 69.50, or 69.52, and I was 13 years of age or older when the offense was committed, the diversion agreement 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.)

12. I have been informed and fully understand that if I am enrolled in a common school, the court will notify the principal of my diversion agreement if the offense for which I am entering into a diversion agreement is a violent offense as defined in RCW 9.94A.030; a sex offense as defined in RCW 9.84A.030; inhaling toxic fumes under chapter 9.47A RCW; a controlled substance violation under chapter 69.50 RCW; a liquor violation under RCW 66.44.270; or any crime under chapters 9A.36, 9A.40, 9A.46, and 9A.48 RCW. (If not applicable, this paragraph should be crossed out and initialed by the offender.)

13. I have read or someone has read to me everything printed above, and I understand it. I have been given a copy of this statement.

Dated __________________	Dated ______________
_______________________ Parent or Guardian (optional)	___________________ Juvenile

The above statement was read to the juvenile and signed by the juvenile on the date indicated.

___________________________________

Representative of Diversion Unit

If applicable:

I am fluent in the __________ language and I have translated this entire document for the juvenile from English into that language. The juvenile has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Dated this _____ day of ____________, 19___, at ___________, Washington.

___________________________________

Interpreter

(b) Advice When No Confinement Possible. A juvenile alleged to have committed a traffic infraction or an offense for which an adult could not be confined shall be given a copy of a statement in substantially the following form during the initial interview with a diversion unit. The statement shall also be read by, or read to, the juvenile before the juvenile signs the statement.

2. A diversion agreement is a contract between you and the diversion unit. If you are alleged to have committed a traffic infraction, a diversion agreement requires you to do community service or attend educational or counseling sessions. If you are alleged to have committed some other offense, a diversion agreement may require you to do certain things, such as community service, attend a counseling, informational, or educational interview, or make restitution, but you cannot be sent to jail. Under certain circumstances you may be counseled and released, which means no further action will be required of you.

3. If you do not follow the diversion agreement, the prosecutor may bring you to a hearing for the offenses with which you are charged with. If you do not appear at the court hearing, the court may order that you be arrested.

4. You may ask the court to seal your file on this offense if you have not been charged with another offense for 2 years after you finish diversion.

54. When you are 18 years old, you may ask the court to destroy all records on this offense if your criminal history consists of only one diversion and 2 years have passed since you completed the diversion agreement.

6. When you are 23 years old, you may ask the court to destroy all records on this offense if you have not been convicted of a felony or a serious charge, and there is no criminal proceeding pending against you.

75. You have the right to talk to a lawyer about whether you should participate in diversion or whether you should go to court. You will not have to pay for a lawyer if you cannot afford it. If you do not believe you committed this offense, you should talk to a lawyer.

86. When you agree to participate in the diversion process, you do not have the right to have a free lawyer appointed for you to help you work out a diversion agreement but you do have the right to have a lawyer help you work out a diversion agreement if you can afford to pay for it.

97. You do not have to participate in diversion. If you do not participate, your case will go to court if charges are filed by the prosecutor. If your case goes to court, you can talk to a lawyer but you may have to pay for it. If you are found guilty in court, the maximum penalty cannot be greater than the maximum penalty the diversion unit may impose.

108. If you are charged with a traffic infraction and agree to diversion, the diversion unit may notify the Department of Licensing. This may affect your driving privileges.

119. I have read or someone has read to me everything printed above, and I understand it. I have been given a copy of this statement.

Dated __________________	Dated ______________
_______________________ Parent or Guardian (optional)	___________________ Juvenile

The above statement was read to the juvenile and signed by the juvenile on the date indicated.

___________________________________ Representative of Diversion Unit

If applicable:

I am fluent in the __________ language and I have translated this entire document for the juvenile from English into that language. The juvenile has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Dated this _____ day of ____________, 19___, at ___________, Washington. ___________________________________

Interpreter

In addition to amendments proposed for grammatical purposes, under "Advise when confinement is possible": #7 and #9 are deleted pursuant to 1997 C338 § 40, amending RCW 13.050.050; #11 is added pursuant to 1988 C148 § 2, and #12 is added pursuant to 1997 C266 § 7, amending RCW 13.04.155. Under "Advise when no confinement possible": #4 and #6 are deleted pursuant to 1997 C338 § 40, amending RCW 13.050.050.

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

(a) Time and Procedure for Arraignment. A juvenile who is detained or subject to conditions of release must be arraigned within 14 days after the information or indictment is filed. The procedure for the arraignment of an alleged juvenile offender is governed by CrR 4.1.

(b) Plea. The taking of a plea of an alleged juvenile offender is governed by CrR 4.2.

(c) Advice of Standard Sentence. Before entering a plea, the juvenile should be advised of the standard sentence for the offense charged, and should be advised of the criminal history upon which the standard sentence is based.

(d) Effect of Motion To Decline Jurisdiction. If a decline hearing is requested or required, then the juvenile court has no jurisdiction to accept a plea until a decline hearing is held and an order is entered retaining jurisdiction in the juvenile court. The time limit for the adjudicatory hearing under rule 7.8 does not begin to run until the day after the entry of the order retaining jurisdiction.

(e) Determination of Capacity. When a determination of capacity is required pursuant to RCW 9A.04.050, A a hearing to determine the juvenile's capacity shall be held within 14 days from the filing of the information juvenile's first court appearance, separate from and prior to arraignment. Notice of the hearing to determine capacity and its purpose shall be given in accordance with rule 11.2.

The revision provides clarification with regard to applicability and addresses implementation problems caused by linking the time for the capacity hearing to the filing of the information.

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

(a) Time. A disposition hearing shall be held if the juvenile has pleaded guilty or has been found guilty by the court. The hearing may be held immediately following the juvenile's plea of guilty or immediately following the adjudicatory hearing if found guilty by the court. The disposition hearing may be continued for a period of up to 14 days after the plea or the conclusion of the hearing if the juvenile is held in detention, or 21 days after the plea or the conclusion of the hearing if the juvenile is not held in detention. Either time may be extended by the court for good cause shown. Notice of a continued hearing shall be given to all parties in accordance with rule 11.2.

(b) Conduct of Hearing. The court shall conduct the hearing in accordance with RCW 13.40.150. At the conclusion of the disposition hearing, the court shall, in accordance with CrR 7.2(b), advise the juvenile of the right to appeal, including when applicable the right to appeal a sentence based upon a finding of manifest injustice.

(c) Criminal History--Definition. In determining the standard range of disposition for a juvenile, the juvenile's criminal history includes any criminal complaint alleging an offense and resulting in one of the following prior to the commission of the current offense:

(1) A finding made prior to July 1, 1978, that the juvenile committed an offense, if the allegation was required to be proven beyond a reasonable doubt or if the juvenile admitted the allegation; or

(2) A conviction or a plea of guilty on or after July 1, 1978; or

(3) A record of a diversion agreement entered into in accordance with the provisions of RCW 13.40.080.

Violations, as defined by RCW 13.40.020, committed on or after July 1, 1998 are not included in a juvenile's criminal history.

(d) Criminal History--Multiple Charges. If the juvenile has been convicted of two or more charges arising out of the same course of conduct, then only the highest charge is counted as criminal history. If the juvenile has been convicted of two or more charges that did not arise out of the same course of conduct, then all of the charges count as criminal history, even though the charges may have consolidated into a single disposition order.

(e) Disposition Based Upon Finding of Manifest Injustice. If the court imposes a sentence based upon a finding of manifest injustice, the disposition order shall set forth those portions of the record material to the disposition.

(f) Disposition Requiring Detention in a State-Operated Juvenile Detention Facility. If the court imposes a sentence requiring commitment to the Division of Juvenile Rehabilitation of the Department of Social and Health Services for detention, the copy of the disposition order sent to the Division shall be accompanied by a statement of the criminal history relied upon by the sentencing court.

(g) Judgment and Sentence. For every disposition order entered pursuant to a juvenile court offense adjudication or deferred adjudication, the court entering the order shall forward to the Sentencing Guidelines Commission the information contained in the order and such criminal history, demographic, and other information as the Office of the Administrator for the Courts may prescribe. The Administrator for the Courts, at the direction of the Supreme Court, and after consulting with the Sentencing Guidelines Commission, shall determine the method for transmitting this information from the court to the Commission.

Pursuant to 1997 C338 § 12 amending RCW 13.40.0357.

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

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 may impose conditions on release as provided in RCW 13.40.040(4) and 13.40.050(6).

Pursuant to 1997 C338 § 35 amending RCW 13.40.230(5).

•	Conforms language and court requirements of the JuCRs to statute change pursuant to the 1997 and 1998 legislative session.
•	Corrects inconsistent formatting, statutory references and grammatical defects.
•	Eliminates barriers to the successful implementation of JuCR 7.6(e).

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

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