title: RCW 13.40.510

text:
(1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the department for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of the local law and justice councils established under RCW 72.09.300;
(b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500 through 13.40.540;
(c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
(4) The department, in consultation with the Washington association of juvenile court administrators and the state law and justice advisory council, shall establish guidelines for programs that may be funded under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target referred and diverted youth, as well as adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing community-based intervention strategies;
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies.
(6) For purposes of this section and RCW * 13.40.541 and 13.40.511, "referred youth" means a youth who:
(a) Was contacted by a law enforcement officer and the law enforcement officer has probable cause to believe that he or she has committed a crime;
(b) Was referred to a program that allows youth to enter before being diverted or charged with a juvenile offense; and
(c) Would have been diverted or charged with a juvenile offense, if not for the program to which he or she was referred.
[ 2019 c 461 s 1; 2017 3rd sp.s. c 6 s 621; 2010 1st sp.s. c 7 s 62; 1997 c 338 s 61.]
Notes:
*Reviser's note: RCW 13.40.541 expired July 1, 2021.
Effective date—2017 3rd sp.s. c 6 ss 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.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Community juvenile accountability programs—Establishment—Proposals—Guidelines.


doc_type: statute

jurisdiction: wa

title: RCW 13.40.511

text:
(1) As of July 28, 2019, the block grant oversight committee must implement a stop loss policy when allocating funding under RCW 13.40.510. The stop loss policy must limit the loss in funding for any juvenile court from one year to the next. The block grant oversight committee must establish a minimum base level of funding for juvenile courts with lower numbers of at-risk youth ten years of age and over but under eighteen years of age. The department of children, youth, and families must report, in compliance with RCW 43.01.036, to the legislature by December 1, 2019, about how funding is used for referred youth and the impact of that use on overall use of funding.
(2) For purposes of this section, "block grant oversight committee" means a committee established by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts that provides block grant funding formula oversight with equal representation from the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts. The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information. The committee is cochaired by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts, who have the ability to change members of the committee as needed to achieve its purpose.
[ 2019 c 461 s 3.]
Notes:
Reviser's note: Although 2019 c 461 s 3 did not include a codification directive, codification in chapter 13.40 RCW appears to be appropriate.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Community juvenile accountability programs—Stop loss policy—Funding for juvenile courts—Report to legislature.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 13.40.520

text:
(1) The state may make grants to local governments for the provision of community-based programs for juvenile offenders. The grants must be made under a grant formula developed by the department, in consultation with the Washington association of juvenile court administrators.
(2) Upon certification by the department that a proposal satisfies the application and selection criteria, grant funds will be distributed to the local government agency that administers funding for consolidated juvenile services.
[ 2017 3rd sp.s. c 6 s 622; 1997 c 338 s 62.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 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.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Community juvenile accountability programs—Grants.


title: RCW 13.40.530

text:
The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds.
The Washington state institute for public policy shall develop standards for measuring the effectiveness of juvenile accountability programs established and approved under RCW 13.40.510. The standards must be developed and presented to the governor and legislature not later than January 1, 1998. The standards must include methods for measuring success factors following intervention. Success factors include, but are not limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, convictions for subsequent offenses, and restitution to victims.
[ 1997 c 338 s 63.]
Notes:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Community juvenile accountability programs—Effectiveness standards.


title: RCW 13.40.540

text:
(1) Each community juvenile accountability program approved and funded under RCW 13.40.500 through 13.40.540 shall comply with the information collection requirements in subsection (2) of this section and the reporting requirements in subsection (3) of this section.
(2) The information collected by each community juvenile accountability program must include, at a minimum for each juvenile participant: (a) The name, date of birth, gender, social security number, and, when available, the juvenile information system (JUVIS) control number; (b) an initial intake assessment of each juvenile participating in the program; (c) a list of all juveniles who completed the program; and (d) an assessment upon completion or termination of each juvenile, including outcomes and, where applicable, reasons for termination.
(3) The department shall annually compile the data and report to the legislature on: (a) The programs funded under RCW 13.40.500 through 13.40.540; (b) the total cost for each funded program and cost per juvenile; and (c) the essential elements of the program.
[ 2017 3rd sp.s. c 6 s 623; 1997 c 338 s 64.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 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.
Evaluation—Report—1997 c 338 ss 60-64: See note following RCW 13.40.500.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Community juvenile accountability programs—Information collection—Report.


title: RCW 13.40.550

text:
RCW 13.40.500 through 13.40.540 may be known as the community juvenile accountability act.
[ 1997 c 338 s 66.]
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.

catchline: Community juvenile accountability programs—Short title.


title: RCW 13.40.570

text:
(1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an offender has occurred, notwithstanding any rule adopted under chapter 41.06 RCW the secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender.
(4) The secretary shall disqualify for employment with a contractor in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a contract with a contractor who has taken action under subsection (3) or (4) of this section, shall require the contractor to demonstrate that there has been significant progress made in reducing the likelihood that any of its employees will have sexual intercourse or sexual contact with an offender. The secretary shall examine whether the contractor has taken steps to improve hiring, training, and monitoring practices and whether the employee remains with the contractor. The secretary shall not renew a contract unless he or she determines that significant progress has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.
(ii) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the public.
(iii) Except as provided in chapter 42.56 RCW, or elsewhere, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section. Nothing in this section implies that information regarding persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this section. The rules shall reflect the legislative intent that this section prohibits individuals who are employed by the department or a contractor of the department from having sexual intercourse or sexual contact with offenders. The rules shall also reflect the legislative intent that when a person is employed by the department or a contractor of the department, and has sexual intercourse or sexual contact with an offender against the employed person's will, the termination provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings provided in RCW 9A.44.010.
[ 2005 c 274 s 210; 1999 c 72 s 1.]
Notes:
Application—1999 c 72: "Nothing in section 1 or 2 of this act affects any collective bargaining agreement in place on July 25, 1999." [ 1999 c 72 s 3.]

catchline: Sexual misconduct by state employees, contractors.


title: RCW 13.40.580

text:
Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to *RCW 13.40.070 (6) and (7). Youth courts have no jurisdiction except as provided for in chapter 237, Laws of 2002. Youth courts are diversion units and not courts established under Article IV of the state Constitution.
[ 2002 c 237 s 9.]
Notes:
*Reviser's note: RCW 13.40.070 was amended by 2010 c 289 s 7, changing subsection (7) to subsection (8).

catchline: Youth courts—Diversion.


title: RCW 13.40.590

text:
(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:
(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem behavior;
(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with their peers more effectively; and
(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.
(2) Youth court programs under this section may be established by private nonprofit organizations and schools, upon prior approval and under the supervision of juvenile court.
[ 2002 c 237 s 10.]

catchline: Youth court programs.


title: RCW 13.40.600

text:
(1) Youth courts have authority over juveniles ages eight through seventeen who:
(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are referred for;
(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and
(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.
(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.
(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.
(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.
[ 2002 c 237 s 11.]

catchline: Youth court jurisdiction.


title: RCW 13.40.610

text:
Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.
[ 2002 c 237 s 12.]

catchline: Youth court notification of satisfaction of conditions.


title: RCW 13.40.620

text:
Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.
[ 2002 c 237 s 13.]

catchline: Appearance before youth court with parent, guardian, or legal custodian.


title: RCW 13.40.630

text:
(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:
(a) Participating in law-related education classes, appropriate counseling, treatment, or other education [educational] programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.
(5) [A] youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.
(6) [A] youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.
[ 2002 c 237 s 14.]

catchline: Youth court dispositions.


title: RCW 13.40.650

text:
(1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee at an institution or detention facility makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the employee of the institution or detention facility determines that extraordinary circumstances exist and restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth no restraints of any kind may be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of a patient by treating physicians licensed under Title 18 RCW.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or detention facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all restraints.
[ 2010 c 181 s 11.]

catchline: Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.


title: RCW 13.40.651

text:
(1) The director of the juvenile detention facility shall provide an informational packet about the requirements of chapter 181, Laws of 2010 to all medical staff and nonmedical staff who are involved in the transportation of youth who are pregnant, as well as such other staff as appropriate. The informational packet provided to staff under this section shall be developed as provided in RCW 70.48.800.
(2) The director shall cause the requirements of chapter 181, Laws of 2010 to be provided to all youth who are pregnant, at the time the facility assumes custody of the person. In addition, the facility shall cause a notice containing the requirements of chapter 181, Laws of 2010 to be posted in conspicuous locations in the detention facilities, including but not limited to the locations in which medical care is provided within the facilities.
[ 2010 c 181 s 12.]

catchline: Use of restraints on pregnant youth in custody—Provision of information to staff and pregnant youth in custody.


title: RCW 13.40.660

text:
(1) The legislature finds that exchange of intimate images by minors is increasingly common, and that such actions may lead to harm and long-term consequences. The legislature intends to develop age-appropriate prevention and interventions to prevent harm and to hold accountable youth who harm others through exchange of intimate images.
(2) The Washington coalition of sexual assault programs, in consultation with the office of the superintendent of public instruction, the Washington association for the treatment of sexual abusers, the department of children, youth, and families, the department of social and health services, the juvenile court administrators, the Washington association of prosecuting attorneys, representatives from public defense, youth representatives, and other relevant stakeholders, shall convene a work group to make recommendations to the legislature regarding age-appropriate prevention and intervention strategies to address potential harms caused by exchange of intimate images by minors.
(3) By December 1, 2019, the work group shall make a report to the legislature identifying education, prevention, and other responses to the harms that may be associated with exchange of intimate images by minors.
[ 2019 c 128 s 2.]
Notes:
Short title—2019 c 128: "This act may be known and cited as the responsible teen communications act." [ 2019 c 128 s 1.]

catchline: Exchange of intimate images by minors—Findings—Work group.


title: RCW 13.40.720

text:
Cities, towns, and counties may not impose any legal financial obligations, fees, fines, or costs associated with juvenile offenses unless there is express statutory authority for those legal financial obligations, fees, fines, or costs.
[ 2015 c 265 s 5.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Imposition of legal financial obligations—City, town, or county authority.


title: RCW 13.40.730

text:
The department of children, youth, and families shall adopt rules, policies, and procedures as may be needed to implement a community transition services program required by chapter 206, Laws of 2021, to include the following:
(1) Identification and regular monitoring of metrics of quality implementation for the community transition program, and regularly publishing outcome analyses for program participants; and
(2) Allowing for the use of new electronic home monitoring equipment and technologies as they become available that eliminate or minimize trauma, social stigma, and racial injustice, and imposing penalties for the knowing or intentional tampering, damaging, or destruction of equipment that renders it not fully functional.
[ 2021 c 206 s 7.]
Notes:
Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.

catchline: Community transition services program.


title: RCW 13.40.735

text:
(1) At least 30 days before release from a residential facility, the secretary shall send written notice of the planned release to the person's health care insurance provider. The notice shall include the person's current location and contact information as well as the person's expected location and contact information upon release. The notice shall not disclose the person's incarceration status unless their consent is given.
(2) If the person is not enrolled in a health insurance program, the secretary and the health care authority shall assist the person in obtaining coverage for which they are eligible in accordance with the time frames specified in subsection (1) of this section.
(3) The secretary may share with the health insurance provider additional health information related to the person to assist with care coordination and continuity of care consistent with RCW 70.02.230(2)(u) and other provisions of chapter 70.02 RCW.
[ 2021 c 265 s 3.]

catchline: Planned release—Notice to health care insurance provider.


title: RCW 13.40.740

text:
(1) Except as provided in subsection (4) of this section, law enforcement shall provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by videoconference, before the juvenile waives any constitutional rights if a law enforcement officer:
(a) Questions a juvenile during a custodial interrogation;
(b) Detains a juvenile based on probable cause of involvement in criminal activity; or
(c) Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.
(2) The consultation required by subsection (1) of this section may not be waived.
(3) Statements made by a juvenile after the juvenile is contacted by a law enforcement officer in a manner described under subsection (1) of this section are not admissible in a juvenile offender or adult criminal court proceeding, unless:
(a) The juvenile has been provided with access to an attorney for consultation; and the juvenile provides an express waiver knowingly, intelligently, and voluntarily made by the juvenile after the juvenile has been fully informed of the rights being waived as required under RCW 13.40.140;
(b) The statement is for impeachment purposes; or
(c) The statement was made spontaneously.
(4) A law enforcement officer may question a juvenile without following the requirement in subsection (1) of this section if:
(a) The law enforcement officer believes the juvenile is a victim of trafficking as defined in RCW 9A.40.100; however, any information obtained from the juvenile by law enforcement pursuant to this subsection cannot be used in any prosecution of that juvenile; or
(b)(i) The law enforcement officer believes that the information sought is necessary to protect an individual's life from an imminent threat;
(ii) A delay to allow legal consultation would impede the protection of an individual's life from an imminent threat; and
(iii) Questioning by the law enforcement officer is limited to matters reasonably expected to obtain information necessary to protect an individual's life from an imminent threat.
(5) After the juvenile has consulted with legal counsel, the juvenile may advise, direct a parent or guardian to advise, or direct legal counsel to advise the law enforcement officer that the juvenile chooses to assert a constitutional right. Any assertion of constitutional rights by the juvenile through legal counsel must be treated by a law enforcement officer as though it came from the juvenile. The waiver of any constitutional rights of the juvenile may only be made according to the requirements of RCW 13.40.140.
(6) For purposes of this section, the following definitions apply:
(a) "Juvenile" means any individual who is under the chronological age of 18 years; and
(b) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, including school resource officers as defined in RCW 28A.320.124 and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
[ 2021 c 328 s 1.]
Notes:
Effective date—2021 c 328: "This act takes effect January 1, 2022." [ 2021 c 328 s 7.]

catchline: Juvenile access to an attorney.


title: RCW 13.40.745

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall develop and implement a grant program that allows defense attorneys and counties to apply for funding for sex offender evaluation and treatment programs.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide funding to counties for process mapping, site assessment, and training for additional sex offender treatment modalities such as multisystemic therapy-problem sexual behavior or problematic sexual behavior-cognitive behavioral therapy.
[ 2023 c 150 s 2.]
Notes:
Findings—Intent—2023 c 150: See note following RCW 9A.44.130.

catchline: Program grants—Sex offender evaluation and treatment programs.


title: RCW 13.40.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 43.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 13.50.010

text:
(1) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
(a) "Detention facility" means:
(i) Any detention facility as defined under RCW 13.40.020; and
(ii) Any juvenile correctional facility under alternative administration operated by a consortium of counties under RCW 13.04.035;
(b) "Good faith effort to pay" means a juvenile offender has either (i) paid the principal amount in full; (ii) made at least 80 percent of the value of full monthly payments within the period from disposition or deferred disposition until the time the amount of restitution owed is under review; or (iii) can show good cause why he or she paid an amount less than 80 percent of the value of full monthly payments;
(c) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the oversight board for children, youth, and families, the office of the family and children's ombuds, the department of social and health services and its contracting agencies, the department of children, youth, and families and its contracting agencies, schools; persons or public or private agencies having children committed to their custody; and any placement oversight committee created under RCW 72.05.415;
(d) "Managed care organization" and "behavioral health administrative services organization" have the same meanings as in RCW 71.24.025;
(e) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, notices of hearing or appearance, service documents, witness and exhibit lists, findings of the court and court orders, agreements, judgments, decrees, notices of appeal, as well as documents prepared by the clerk, including court minutes, letters, warrants, waivers, affidavits, declarations, invoices, and the index to clerk papers;
(f) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case;
(g) "Social file" means the juvenile court file containing the records and reports of the probation counselor.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services or the department of children, youth, and families relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to ensure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) The court shall release to the caseload forecast council the records needed for its research and data-gathering functions. Access to caseload forecast data may be permitted by the council for research purposes only if the anonymity of all persons mentioned in the records or information will be preserved.
(10) Juvenile detention facilities shall release records to the caseload forecast council upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
(11) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the oversight board for children, youth, and families or the office of the family and children's ombuds.
(12) For the purpose of research only, the administrative office of the courts shall maintain an electronic research copy of all records in the judicial information system related to juveniles. Access to the research copy is restricted to the administrative office of the courts for research purposes as authorized by the supreme court or by state statute. The administrative office of the courts shall maintain the confidentiality of all confidential records and shall preserve the anonymity of all persons identified in the research copy. Data contained in the research copy may be shared with other governmental agencies as authorized by state statute, pursuant to data-sharing and research agreements, and consistent with applicable security and confidentiality requirements. The research copy may not be subject to any records retention schedule and must include records destroyed or removed from the judicial information system pursuant to RCW 13.50.270 and 13.50.100(3).
(13) The court shall release to the Washington state office of public defense records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.70.020. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of public defense. The Washington state office of public defense shall maintain the confidentiality of all confidential information included in the records.
(14) The court shall release to the Washington state office of civil legal aid records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.53.045. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of civil legal aid. The Washington state office of civil legal aid shall maintain the confidentiality of all confidential information included in the records, and shall, as soon as possible, destroy any retained notes or records obtained under this section that are not necessary for its functions related to RCW 2.53.045.
(15) For purposes of providing for the educational success of youth in foster care, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with meeting the educational needs of current and former foster youth to another state agency or state agency's contracted provider responsible under state law or contract for assisting current and former foster youth to attain educational success. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(16) For the purpose of ensuring the safety and welfare of the youth who are in foster care, the department of children, youth, and families may disclose to the department of commerce and its contracted providers responsible under state law or contract for providing services to youth, only those confidential child welfare records that pertain to ensuring the safety and welfare of the youth who are in foster care who are admitted to crisis residential centers or HOPE centers under contract with the office of homeless youth prevention and protection. Records disclosed under this subsection retain their confidentiality pursuant to this chapter and federal law and may not be further disclosed except as permitted by this chapter and federal law.
(17) For purposes of investigating and preventing child abuse and neglect, and providing for the health care coordination and the well-being of children in foster care, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with investigation and prevention of child abuse and neglect, or may assist with providing for the health and well-being of children in foster care to the department of social and health services, the health care authority, or their contracting agencies. For purposes of investigating and preventing child abuse and neglect, and to provide for the coordination of health care and the well-being of children in foster care, the department of social and health services and the health care authority may disclose only those confidential child welfare records that pertain to or may assist with investigation and prevention of child abuse and neglect, or may assist with providing for the health care coordination and the well-being of children in foster care to the department of children, youth, and families, or its contracting agencies. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(18) For the purpose of investigating child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, and child fatality, child physical abuse, and criminal neglect cases for the well-being of the child, the department of children, youth, and families may disclose only those confidential child welfare records that pertain to or may assist with such an investigation pursuant to RCW 26.44.180 and 26.44.175. The records retain their confidentiality pursuant to this chapter and federal law and cannot be further disclosed except as allowed under this chapter and federal law.
(19) The records of a person confined in a detention facility may be made available to managed care organizations and behavioral health administrative services organizations as defined in RCW 71.24.025 for the purpose of care coordination activities. The receiving organization must hold records in confidence and comply with all relevant state and federal statutes regarding privacy of disclosed records.
[ 2024 c 99 s 1. Prior: 2019 c 470 s 22; 2019 c 82 s 1; 2018 c 58 s 78; 2017 3rd sp.s. c 6 s 312; 2017 c 277 s 1; prior: 2016 c 93 s 2; 2016 c 72 s 109; 2016 c 71 s 2; prior: 2015 c 265 s 2; 2015 c 262 s 1; prior: 2014 c 175 s 2; 2014 c 117 s 5; 2013 c 23 s 6; 2011 1st sp.s. c 40 s 30; 2010 c 150 s 3; 2009 c 440 s 1; 1998 c 269 s 4; prior: 1997 c 386 s 21; 1997 c 338 s 39; 1996 c 232 s 6; 1994 sp.s. c 7 s 541; 1993 c 374 s 1; 1990 c 246 s 8; 1986 c 288 s 11; 1979 c 155 s 8.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2017 3rd sp.s. c 6 ss 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.
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Intent—2016 c 71: See note following RCW 28A.300.590.
Finding—Intent—2015 c 265: "The legislature finds that requiring juvenile offenders to pay all legal financial obligations before being eligible to have a juvenile record administratively sealed disproportionately affects youth based on their socioeconomic status. Juveniles who cannot afford to pay their legal financial obligations cannot seal their juvenile records once they turn eighteen and oftentimes struggle to find employment. By eliminating most nonrestitution legal financial obligations for juveniles convicted of less serious crimes, juvenile offenders will be better able to find employment and focus on making restitution payments first to the actual victim. This legislation is intended to help juveniles understand the consequences of their actions and the harm that those actions have caused others without placing insurmountable burdens on juveniles attempting to become productive members of society. Depending on the juvenile's ability to pay, and upon the consent of the victim, courts should also strongly consider ordering community restitution in lieu of paying restitution where appropriate." [ 2015 c 265 s 1.]
Findings—Intent—2014 c 175: "The legislature finds that:
(1) The primary goal of the Washington state juvenile justice system is the rehabilitation and reintegration of former juvenile offenders. The public has a compelling interest in the rehabilitation of former juvenile offenders and their successful reintegration into society as active, law-abiding, and contributing members of their communities. When juvenile court records are publicly available, former juvenile offenders face substantial barriers to reintegration, as they are denied housing, employment, and education opportunities on the basis of these records.
(2) The legislature declares it is the policy of the state of Washington that the interest in juvenile rehabilitation and reintegration constitutes compelling circumstances that outweigh the public interest in continued availability of juvenile court records. The legislature intends that juvenile court proceedings be openly administered but, except in limited circumstances, the records of these proceedings be closed when the juvenile has reached the age of eighteen and completed the terms of disposition." [ 2014 c 175 s 1.]
Application—Recalculation of community custody terms—2011 1st sp.s. c 40: See note following RCW 9.94A.501.
Alphabetization—1998 c 269: "The code reviser shall alphabetize the definitions in RCW 13.50.010 and 74.15.020 and correct any references." [ 1998 c 269 s 18.]
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.
Application—1997 c 386: "Sections 8 through 14 and 17 through 34 of this act apply only to incidents occurring on or after January 1, 1998." [ 1997 c 386 s 67.]
Effective date—1997 c 386: "Sections 8 through 13 and 21 through 34 of this act take effect January 1, 1998." [ 1997 c 386 s 68.]
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 dates—1996 c 232: See note following RCW 13.40.030.
Application—1994 sp.s. c 7 ss 540-545: "Sections 540 through 545 of this act shall apply to offenses committed on or after July 1, 1994." [ 1994 sp.s. c 7 s 917.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1990 c 246: See note following RCW 13.34.060.
Severability—1986 c 288: See note following RCW 43.185C.260.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Definitions—Conditions when filing petition or information—Duties to maintain accurate records and access—Confidential child welfare records.


title: RCW 13.50.050

text:
(1) This section and RCW 13.50.260 and 13.50.270 govern records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to RCW 13.50.260.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this chapter , RCW 13.40.215 and 4.24.550.
(4) Except as otherwise provided in this chapter, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.
(8) The juvenile court and the prosecutor may set up and maintain a central recordkeeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central recordkeeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central recordkeeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(11) Any juvenile to whom the provisions of this section or RCW 13.50.260 or 13.50.270 may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(12) Nothing in this section or RCW 13.50.260 or 13.50.270 may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(13) Except as provided in RCW 13.50.270(2), no identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(14) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
[ 2014 c 175 s 3; 2012 c 177 s 2. Prior: 2011 c 338 s 4; 2011 c 333 s 4; 2010 c 150 s 2; 2008 c 221 s 1; 2004 c 42 s 1; prior: 2001 c 175 s 1; 2001 c 174 s 1; 2001 c 49 s 2; 1999 c 198 s 4; 1997 c 338 s 40; 1992 c 188 s 7; 1990 c 3 s 125; 1987 c 450 s 8; 1986 c 257 s 33; 1984 c 43 s 1; 1983 c 191 s 19; 1981 c 299 s 19; 1979 c 155 s 9.]
Notes:
Rules of court: Superior Court Criminal Rules (CrR), generally. Discovery: CrR 4.7.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Application—2011 c 333: "RCW 13.50.050 (14)(b) and (17)(b) apply to all records of a full and unconditional pardon and should be applied retroactively as well as prospectively." [ 2011 c 333 s 5.]
Findings—Intent—2011 c 333: See note following RCW 19.182.040.
Intent—2001 c 49: "The legislature intends to change the results of the holding of State v. T. K., 139 Wn. 2d 320 (1999), and have any motion made after July 1, 1997, to seal juvenile records be determined by the provisions of RCW 13.50.050 in effect after July 1, 1997." [ 2001 c 49 s 1.]
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.
Findings—Intent—Severability—1992 c 188: See notes following RCW 7.69A.020.
Severability—1986 c 257: See note following RCW 9A.56.010.
Effective date—1986 c 257 ss 17-35: See note following RCW 9.94A.030.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Records relating to commission of juvenile offenses—Maintenance of, access to, and destruction.


title: RCW 13.50.100

text:
(1) This section governs records not covered by RCW 13.50.050, 13.50.260, and 13.50.270.
(2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.
(3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no other case history, and records of a juvenile's parents who have no other case history, shall be removed from the judicial information system when the juvenile is no longer subject to the compulsory attendance laws in chapter 28A.225 RCW. A county clerk is not liable for unauthorized release of this data by persons or agencies not in his or her employ or otherwise subject to his or her control, nor is the county clerk liable for inaccurate or incomplete information collected from litigants or other persons required to provide identifying data pursuant to this section.
(4) Subject to (a) of this subsection, the department of children, youth, and families may release information retained in the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody of a minor under chapter 11.130 RCW.
(a) Information that may be released shall be limited to information regarding investigations in which: (i) The juvenile was an alleged victim of abandonment or abuse or neglect; or (ii) the petitioner for custody of the juvenile, or any individual aged sixteen or older residing in the petitioner's household, is the subject of a founded or currently pending child protective services investigation made by the department of social and health services or the department of children, youth, and families subsequent to October 1, 1998.
(b) Additional information may only be released with the written consent of the subject of the investigation and the juvenile alleged to be the victim of abandonment or abuse and neglect, or the parent, custodian, guardian, or personal representative of the juvenile, or by court order obtained with notice to all interested parties.
(5) Any disclosure of records or information by the department of social and health services or the department of children, youth, and families, pursuant to this section shall not be deemed a waiver of any confidentiality or privilege attached to the records or information by operation of any state or federal statute or regulation, and any recipient of such records or information shall maintain it in such a manner as to comply with such state and federal statutes and regulations and to protect against unauthorized disclosure.
(6) A contracting agency or service provider of the department of social and health services or the department of children, youth, and families, that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombuds information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen years, unless such release is otherwise specifically prohibited by law.
(7) A juvenile, his or her parents, the juvenile's attorney, and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:
(a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or
(b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or
(c) That the department of children, youth, and families or the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.
(8) A juvenile or his or her parent denied access to any records following an agency determination under subsection (7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsection (7)(a) and (b) of this section.
(9) The person making a motion under subsection (8) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(10) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (7) of this section. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.
(11) No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020(1) may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.
[ 2020 c 312 s 121; 2019 c 470 s 21; 2017 3rd sp.s. c 6 s 313; 2014 c 175 s 8; 2013 c 23 s 7; 2003 c 105 s 2; 2001 c 162 s 2; 2000 c 162 s 18; 1999 c 390 s 3; 1997 c 386 s 22; 1995 c 311 s 16; 1990 c 246 s 9; 1983 c 191 s 20; 1979 c 155 s 10.]
Notes:
Effective date—2020 c 312: See note following RCW 11.130.915.
Effective date—2017 3rd sp.s. c 6 ss 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.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.
Application—Effective date—1997 c 386: See notes following RCW 13.50.010.
Severability—1990 c 246: See note following RCW 13.34.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Records not relating to commission of juvenile offenses—Maintenance and access—Release of information for child custody hearings—Disclosure of unfounded allegations prohibited.


title: RCW 13.50.140

text:
Any communication or advice privileged under RCW 5.60.060 that is disclosed by the office of the attorney general, the department of children, youth, and families, or the department of social and health services to the office of the family and children's ombuds may not be deemed to be a waiver of the privilege as to others.
[ 2017 3rd sp.s. c 6 s 314; 2013 c 23 s 8; 1999 c 390 s 8.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 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.

catchline: Disclosure of privileged information to office of the family and children's ombuds—Privilege not waived as to others.


title: RCW 13.50.150

text:
Nothing in this chapter shall be construed to prevent the expungement of any juvenile record ordered expunged by a court to preserve the due process rights of its subject.
[ 1977 ex.s. c 291 s 13. Formerly RCW 13.04.276, see 1979 c 155 s 12.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Confidential records—Expungement to protect due process rights.


title: RCW 13.50.160

text:
Records of disposition for a juvenile offense must be provided to schools as provided in RCW 13.04.155.
[ 1997 c 266 s 8.]
Notes:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Disposition records—Provision to schools.


title: RCW 13.50.200

text:
Notwithstanding any other provision of this chapter, whenever a child is arrested for a violation of any law, including municipal ordinances, regulating the operation of vehicles on the public highways, a copy of the traffic citation and a record of the action taken by the court shall be forwarded by the juvenile court to the department of licensing in the same manner as provided in RCW 46.20.270.
[ 1979 c 155 s 13; 1977 ex.s. c 291 s 14. Formerly RCW 13.04.278.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective date—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Records of motor vehicle operation violation forwarded.


title: RCW 13.50.250

text:
This chapter applies to all juvenile justice or care agency records created on or after July 1, 1978.
[ 1979 c 155 s 11.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Records chapter applicable to.


title: RCW 13.50.260

text:
(1)(a) The court shall hold regular sealing hearings. During these regular sealing hearings, the court shall administratively seal an individual's juvenile record pursuant to the requirements of this subsection. Although the juvenile record shall be sealed, the social file may be available to any juvenile justice or care agency when an investigation or case involving the juvenile subject of the records is being prosecuted by the juvenile justice or care agency or when the juvenile justice or care agency is assigned the responsibility of supervising the juvenile. The juvenile respondent's presence is not required at any administrative sealing hearing.
(b) At the disposition hearing of a juvenile offender, the court shall schedule an administrative sealing hearing to take place during the first regularly scheduled sealing hearing after the latest of the following events that apply:
(i) The respondent's eighteenth birthday;
(ii) Anticipated end date of a respondent's probation, if ordered;
(iii) Anticipated release from confinement at the juvenile rehabilitation administration, or the completion of parole, if the respondent is transferred to the juvenile rehabilitation administration.
(c) The court shall not schedule an administrative sealing hearing at the disposition and no administrative sealing hearing shall occur if one of the offenses for which the court has entered a disposition is at the time of commission of the offense:
(i) A most serious offense, as defined in RCW 9.94A.030;
(ii) A sex offense under chapter 9A.44 RCW; or
(iii) A drug offense, as defined in RCW 9.94A.030.
(d) At the time of the scheduled administrative sealing hearing, the court shall enter a written order sealing the respondent's juvenile court record pursuant to this subsection if the court finds by a preponderance of the evidence that the respondent is no longer on supervision for the case being considered for sealing and has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage. In determining whether the respondent is on supervision or owes restitution, the court shall take judicial notice of court records, including records of the county clerk, and, if necessary, sworn testimony from a representative of the juvenile department.
(e) At the time of the administrative sealing hearing, if the court finds the respondent remains on supervision for the case being considered for sealing, then the court shall continue the administrative sealing hearing to a date within thirty days following the anticipated end date of the respondent's supervision. At the next administrative sealing hearing, the court shall again determine the respondent's eligibility for sealing his or her juvenile court record pursuant to (d) of this subsection, and, if necessary, continue the hearing again as provided in this subsection.
(f)(i) During the administrative sealing hearing, if the court finds the respondent is no longer on supervision for the case being considered for sealing, but the respondent has not paid the full amount of restitution owing to the individual victim named in the restitution order, excluding any public or private entity providing insurance coverage or health care coverage, the court shall deny sealing the juvenile court record in a written order that: (A) Specifies the amount of restitution that remains unpaid to the original victim, excluding any public or private entity providing insurance coverage or health care coverage; and (B) provides direction to the respondent on how to pursue the sealing of records associated with this cause of action.
(ii) Within five business days of the entry of the written order denying the request to seal a juvenile court record, the juvenile court department staff shall notify the respondent of the denial by providing a copy of the order of denial to the respondent in person or in writing mailed to the respondent's last known address in the department of licensing database or the respondent's address provided to the court, whichever is more recent.
(iii) At any time following entry of the written order denying the request to seal a juvenile court record, the respondent may contact the juvenile court department, provide proof of payment of the remaining unpaid restitution to the original victim, excluding any public or private entity providing insurance coverage or health care coverage, and request an administrative sealing hearing. Upon verification of the satisfaction of the restitution payment, the juvenile court department staff shall circulate for signature an order sealing the file, and file the signed order with the clerk's office, who shall seal the record.
(iv) The administrative office of the courts must ensure that sealed juvenile records remain private in case of an appeal and are either not posted or redacted from any clerks papers that are posted online with the appellate record, as well as taking any other prudent steps necessary to avoid exposing sealed juvenile records to the public.
(2) Except for dismissal of a deferred disposition under RCW 13.40.127, the court shall enter a written order immediately sealing the official juvenile court record upon the acquittal after a fact-finding or upon the dismissal of charges with prejudice, subject to the state's right, if any, to appeal the dismissal.
(3) If a juvenile court record has not already been sealed pursuant to this section, in any case in which information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any; resolve the status of any debts owing; and, subject to RCW 13.50.050(13), order the sealing of the official juvenile court record, the social file, and records of the court and of any other agency in the case, with the exception of identifying information under RCW 13.50.050(13).
(4)(a) The court shall grant any motion to seal records for class A offenses made pursuant to subsection (3) of this section if:
(i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
(iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
(v) The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; and
(vi) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any public or private entity providing insurance coverage or health care coverage.
(b) The court shall grant any motion to seal records for class B, class C, gross misdemeanor, and misdemeanor offenses and diversions made under subsection (3) of this section if:
(i) Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
(ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
(iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense; and
(v) The person has paid the full amount of restitution owing to the individual victim named in the restitution order, excluding restitution owed to any insurance provider authorized under Title 48 RCW.
(c) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is eighteen years of age or older at the time of the motion.
(5) The person making a motion pursuant to subsection (3) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose records are sought to be sealed.
(6)(a) If the court enters a written order sealing the juvenile court record pursuant to this section, it shall, subject to RCW 13.50.050(13), order sealed the official juvenile court record, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(b) In the event the subject of the juvenile records receives a full and unconditional pardon, the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events upon which the pardon was received. Any agency shall reply to any inquiry concerning the records pertaining to the events for which the subject received a pardon that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(c) Effective July 1, 2019, the department of licensing may release information related to records the court has ordered sealed only to the extent necessary to comply with federal law and regulation.
(7) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and 13.50.050(13).
(8)(a) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying a sealing order; however, the court may order the juvenile court record resealed upon disposition of the subsequent matter if the case meets the sealing criteria under this section and the court record has not previously been resealed.
(b) Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order.
(c) The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.
(d) The Washington state patrol shall ensure that the Washington state identification system provides Washington state criminal justice agencies access to sealed juvenile records information.
(e) The Washington state patrol shall ensure that the Washington state identification system provides non-Washington criminal justice agencies access to sealed juvenile records only for the purposes of processing and purchasing firearms, concealed pistol licenses, or noncitizen firearms licenses, or releasing of firearms from evidence.
(f) Non-Washington criminal justice agencies that access sealed juvenile records pursuant to this subsection shall not knowingly disseminate the accessed records or any information derived therefrom to any third party. Dissemination of such records or such information shall subject the disseminating agency to the jurisdiction of the courts of Washington and a civil penalty of not more than $1,000 per violation.
(9) If the juvenile court record has been sealed pursuant to this section, the record of an employee is not admissible in an action for liability against the employer based on the former juvenile offender's conduct to show that the employer knew or should have known of the juvenile record of the employee. The record may be admissible, however, if a background check conducted or authorized by the employer contained the information in the sealed record.
(10) County clerks may interact or correspond with the respondent, his or her parents, restitution recipients, and any holders of potential assets or wages of the respondent for the purposes of collecting an outstanding legal financial obligation after juvenile court records have been sealed pursuant to this section.
(11) Persons and agencies that obtain sealed juvenile records information pursuant to this section may communicate about this information with the respondent, but may not disseminate or be compelled to release the information to any person or agency not specifically granted access to sealed juvenile records in this section.
(12) All criminal justice agencies must not disclose confidential information or sealed records accessed through the Washington state identification system or other means, and no information can be given to third parties, other than criminal justice agencies, about the existence or nonexistence of confidential or sealed records concerning an individual.
[ 2026 c 36 s 21; 2023 c 180 s 1; 2020 c 184 s 1; 2015 c 265 s 3; 2014 c 175 s 4.]
Notes:
Retroactive application—2020 c 184: "This act applies to all juvenile record sealing hearings commenced on or after January 1, 2021, regardless of when the underlying hearing was scheduled or the underlying record was created. To this extent, this act applies retroactively, but in all other respects it applies prospectively." [ 2020 c 184 s 4.]
Effective date—2020 c 184: "Sections 1, 2, and 4 of this act take effect January 1, 2021." [ 2020 c 184 s 5.]
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Findings—Intent—2014 c 175: See note following RCW 13.50.010.

catchline: Sealing hearings—Sealing of records.


title: RCW 13.50.270

text:
(1)(a) Subject to RCW 13.50.050(13), all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for destruction when:
(i) The person who is the subject of the information or complaint is at least eighteen years of age;
(ii) The records in question consist of successfully completed diversion agreements and counsel and release agreements, or both, which were completed on or after June 7, 2018; and
(iii) There is no restitution owing in the case.
(b) Notwithstanding this subsection (1), records of successfully completed diversion agreements and counsel and release agreements remain subject to destruction under the terms set forth in subsections (2) through (4) of this section, as well as sealing under RCW 13.50.260.
(c) No less than quarterly, the administrative office of the courts shall provide a report to the juvenile courts of those individuals whose records may be eligible for destruction. The juvenile court shall verify eligibility and notify the Washington state patrol and the appropriate local law enforcement agency and prosecutor's office of the records to be destroyed. The requirement to destroy records under this subsection is not dependent on a court hearing or the issuance of a court order to destroy records.
(d) The state and local governments and their officers and employees are not liable for civil damages for the failure to destroy records pursuant to this section.
(2) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within thirty days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.
(3)(a) A person may request that the court order the records in his or her case destroyed as follows:
(i) A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008. The request shall be granted if the court finds that two years have elapsed since completion of the agreement or counsel and release.
(ii) A person twenty-three years of age or older whose criminal history consists of only referrals for diversion. The request shall be granted if the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
(b) If the court grants the motion to destroy records made pursuant to this subsection, it shall, subject to RCW 13.50.050(13), order the official juvenile court record, the social file, and any other records named in the order to be destroyed.
(c) The person making the motion pursuant to this subsection must give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(4) Any juvenile justice or care agency may, subject to the limitations in RCW 13.50.050(13) and this section, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older or pursuant to subsection (1) of this section.
(b) The court may not routinely destroy the official juvenile court record or recordings or transcripts of any proceedings.
[ 2018 c 82 s 5; 2014 c 175 s 5.]
Notes:
Findings—Intent—2014 c 175: See note following RCW 13.50.010.

catchline: Destruction of records.


title: RCW 13.50.280

text:
(1) Courts and judicial agencies that maintain a database of juvenile records may provide those records, whether sealed or not, to government agencies for the purpose of carrying out research or data gathering functions. This data may also be linked with records from other agencies or research organizations, provided that any agency receiving or using records under this subsection maintain strict confidentiality of the identity of the juveniles who are the subjects of such records.
(2) Juvenile records, whether sealed or not, can be provided without personal identifiers to researchers conducting legitimate research for educational, scientific, or public purposes, so long as the data is not used by the recipients of the records to identify an individual with a juvenile record.
[ 2015 c 265 s 9.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.

catchline: Court and judicial agency records—Use for research or data gathering purposes.


title: RCW 13.60.010

text:
(1) The Washington state patrol shall establish a missing children and endangered person clearinghouse which shall include the maintenance and operation of a toll-free telephone hotline. The clearinghouse shall distribute information to local law enforcement agencies, school districts, the department of children, youth, and families, and the general public regarding missing children and endangered persons. The information shall include pictures, bulletins, training sessions, reports, and biographical materials that will assist in local law enforcement efforts to locate missing children and endangered persons. The state patrol shall also maintain a regularly updated computerized link with national and other statewide missing person systems or clearinghouses, and within existing resources, shall develop and implement a plan, commonly known as an "amber alert plan" or an "endangered missing person advisory plan" which includes "silver alert" and "missing indigenous person alert" designations for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, cable and satellite systems, and social media pages and sites to enhance the public's ability to assist in recovering abducted children and missing endangered persons consistent with the state endangered missing person advisory plan.
(2) For the purposes of this chapter:
(a) "Child" or "children" means an individual under 18 years of age.
(b) "Missing endangered person" means:
(i) A missing indigenous woman or indigenous person; or
(ii) A person who is believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance and who is:
(A) A person with a developmental disability as defined in *RCW 71A.10.020(5);
(B) A vulnerable adult as defined in RCW 74.34.020; or
(C) A person who has been diagnosed as having Alzheimer's disease or other age-related dementia.
(c) "Missing indigenous person alert" means the designated title of a missing endangered person advisory that will be used on a variable message sign and text of the highway advisory radio message when used as part of an activated advisory to assist in the recovery of a missing indigenous person.
(d) "Silver alert" means the designated title of a missing endangered person advisory that will be used on a variable message sign and text of the highway advisory radio message when used as part of an activated advisory to assist in the recovery of a missing endangered person age 60 or older.
[ 2022 c 256 s 2; 2017 3rd sp.s. c 6 s 315; 2015 1st sp.s. c 2 s 2; 2013 c 285 s 1; 2009 c 20 s 1; 1985 c 443 s 22.]
Notes:
*Reviser's note: RCW 71A.10.020 was amended by 2022 c 277 s 2, changing subsection (5) to subsection (6).
Finding—Intent—2022 c 256: "The legislature finds that indigenous people experience disproportionate rates of violence in Washington state. Tribes, state leaders, and grassroots activists have done substantial work to identify factors directly affecting the rates of violence and to ensure that addressing the crisis of missing and murdered indigenous people is a priority at every level. The legislature intends to provide law enforcement with additional tools to disseminate timely, accurate information to engage the public more effectively in assisting with locating missing indigenous people, and to compensate for the unique challenges that indigenous communities face accessing media coverage and the ability to share information." [ 2022 c 256 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 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.
Findings—2015 1st sp.s. c 2: "The legislature finds that Washington state's elderly population is growing and the number of individuals with dementia is increasing. The legislature further finds that approximately sixty percent of individuals with dementia will wander at least once and, that if not found within twenty-four hours, up to half of wandering seniors with dementia will suffer serious injury or death. The legislature further finds that the state of Washington has a compelling interest in protecting the safety of vulnerable citizens with cognitive impairments. The legislature further finds that creating a public notification system to broadcast information about missing persons with Alzheimer's disease, dementia, or other mental disabilities to aid in their safe return will help prevent unnecessary suffering and death." [ 2015 1st sp.s. c 2 s 1.]
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Missing children and endangered person clearinghouse—Hotline—Distribution of information—Amber alert plan, endangered missing person advisory plan, silver alert and missing indigenous person alert designations.


title: RCW 13.60.020

text:
Local law enforcement agencies shall file an official missing person report and enter biographical information into the state missing person computerized network within six hours after notification of a missing child or endangered person is received under *RCW 13.32A.050(1) (a), (c), or (d), or an endangered missing person received pursuant to the state endangered missing person advisory plan. The patrol shall collect such information as will enable it to retrieve immediately the following information about a missing child or endangered person: Name, date of birth, social security number, fingerprint classification, relevant physical descriptions, and known associates and locations. Access to the preceding information shall be available to appropriate law enforcement agencies, and to parents and legal guardians, when appropriate.
[ 2013 c 285 s 2; 1985 c 443 s 23.]
Notes:
*Reviser's note: RCW 13.32A.050 was recodified as RCW 43.185C.260 pursuant to 2015 c 69 s 30. RCW 43.185C.260 was subsequently amended by 2019 c 312 s 15, deleting subsection (1)(d).
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Entry of information on missing children or endangered persons into missing person computer network—Access.


title: RCW 13.60.030

text:
The superintendent of public instruction shall meet semiannually with the Washington state patrol to develop a coordinated plan for the distribution of information and education of teachers and students in the school districts of the state regarding the missing children problem in the state. The superintendent of public instruction shall encourage local school districts to cooperate by providing the state patrol information on any missing children that may be identified within the district.
[ 1985 c 443 s 24.]
Notes:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.

catchline: Information and education regarding missing children—Plan.


title: RCW 13.60.040

text:
The department of children, youth, and families shall develop a procedure for reporting missing children information to the missing children clearinghouse on children who are receiving departmental services in each of its administrative regions. The purpose of this procedure is to link parents to missing children. When the department has obtained information that a minor child has been located at a facility funded by the department, the department shall notify the clearinghouse and the child's legal custodian, advising the custodian of the child's whereabouts or that the child is subject to a dependency action. The department shall inform the clearinghouse when reunification occurs.
[ 2017 3rd sp.s. c 6 s 316; 1999 c 267 s 18.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 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.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 ss 10-26: See RCW 74.15.900 and 74.15.901.

catchline: Children receiving services from department of children, youth, and families—Reporting by the department—Notification of child's whereabouts.


title: RCW 13.60.050

text:
Within existing resources, the Washington state patrol shall develop and implement a plan, commonly known as an "endangered missing person advisory plan," for voluntary cooperation between local, state, tribal, and other law enforcement agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public's ability to assist in recovering endangered missing persons who do not qualify for inclusion in an amber alert.
[ 2009 c 20 s 2.]

catchline: Endangered missing person advisory plan.


title: RCW 13.60.100

text:
The legislature finds a compelling need to address the problem of missing children, whether those children have been abducted by a stranger, are missing due to custodial interference, or are classified as runaways. Washington state ranks twelfth in the nation for active cases of missing juveniles and, at any given time, more than one thousand eight hundred Washington children are reported as missing. The potential for physical and psychological trauma to these children is extreme. Therefore, the legislature finds that it is paramount for the safety of these children that there be a concerted effort to resolve cases of missing and exploited children.
Due to the complexity of many child abduction cases, most law enforcement personnel are unprepared and lack adequate resources to successfully and efficiently investigate these crimes. Therefore, it is the intent of the legislature that a multiagency task force be established within the Washington state patrol, to be available to assist local jurisdictions in missing child cases through referrals, on-site assistance, case management, and training. The legislature intends that the task force will increase the effectiveness of a specific case investigation by drawing from the combined resources, knowledge, and technical expertise of the members of the task force.
[ 1999 c 168 s 1.]
Notes:
Short title—1999 c 168: "This act may be known and cited as the Teekah Lewis act." [ 1999 c 168 s 4.]

catchline: Task force on missing and exploited children—Findings, intent.


title: RCW 13.60.110

text:
(1) A task force on missing and exploited children is established in the Washington state patrol. The task force shall be under the direction of the chief of the state patrol.
(2) The task force is authorized to assist law enforcement agencies, upon request, in cases involving missing or exploited children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national, and international agencies; and
(e) Coordination and information sharing among local, state, interstate, and federal law enforcement and social service agencies.
(3) To maximize the efficiency and effectiveness of state resources and to improve interagency cooperation, the task force shall, where feasible, use existing facilities, systems, and staff made available by the state patrol and other local, state, interstate, and federal law enforcement and social service agencies. The chief of the state patrol may employ such additional personnel as are necessary for the work of the task force and may share personnel costs with other agencies.
(4) The chief of the state patrol shall seek public and private grants and gifts to support the work of the task force.
(5) For the purposes of this chapter, "exploited children" means children under the age of eighteen who are employed, used, persuaded, induced, enticed, or coerced to engage in, or assist another person to engage in, sexually explicit conduct. "Exploited children" also means the rape, molestation, or use for prostitution of children under the age of eighteen.
[ 2016 c 208 s 2; 2009 c 518 s 4; 1999 c 168 s 2.]
Notes:
Finding—Intent—2016 c 208: "The legislature finds that the advisory board on missing and exploited children has successfully achieved seamless communication and coordinated efforts between Washington state agencies investigating child exploitation cases under the oversight of the Washington state patrol, thereby fully satisfying the purposes and goals of the advisory board as established in 1999 under RCW 13.60.120. The legislature therefore intends to ensure the multiagency task force on missing and exploited children continues to operate under the oversight of the Washington state patrol and continue to successfully identify and arrest individuals who exploit children." [ 2016 c 208 s 1.]
Short title—1999 c 168: See note following RCW 13.60.100.

catchline: Task force on missing and exploited children—Establishment—Activities.


title: RCW 13.64.010

text:
Any minor who is sixteen years of age or older and who is a resident of this state may petition in the superior court for a declaration of emancipation.
[ 1993 c 294 s 1.]

catchline: Declaration of emancipation.