title: RCW 13.38.060

text:
(1) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe, unless the tribe has consented to the state's concurrent jurisdiction, the tribe has expressly declined to exercise its exclusive jurisdiction, or the state is exercising emergency jurisdiction in strict compliance with RCW 13.38.140.
(2) If an Indian child is already a ward of a tribal court at the start of the child custody proceeding, the Indian tribe may retain exclusive jurisdiction, notwithstanding the residence or domicile of the child.
[ 2011 c 309 s 6.]

catchline: Jurisdiction.


doc_type: statute

jurisdiction: wa

title: RCW 13.38.070

text:
(1) In any involuntary child custody proceeding seeking the foster care placement of, or the termination of parental rights to, a child in which the petitioning party or the court knows, or has reason to know, that the child is or may be an Indian child as defined in this chapter, the petitioning party shall notify the parent or Indian custodian and the Indian child's tribe or tribes, by certified mail, return receipt requested, and by use of a mandatory Indian child welfare act notice addressed to the tribal agent designated by the Indian child's tribe or tribes for receipt of Indian child welfare act notice, as published by the bureau of Indian affairs in the federal register. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, such notice shall be given to the secretary of the interior by registered mail, return receipt requested, in accordance with the regulations of the bureau of Indian affairs. The secretary of the interior has fifteen days after receipt to provide the requisite notice to the parent or Indian custodian and the tribe. No foster care placement or termination of parental rights proceeding shall be held until at least ten days after receipt of notice by the parent or Indian custodian and the tribe. The parent or Indian custodian or the tribe shall, upon request, be granted up to twenty additional days to prepare for the proceeding.
(2) The determination of the Indian status of a child shall be made as soon as practicable in order to serve the best interests of the Indian child and protect the interests of the child's tribe.
(3)(a) A written determination by an Indian tribe that a child is a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is an Indian child;
(b) A written determination by an Indian tribe that a child is not a member of or eligible for membership in that tribe, or testimony by the tribe attesting to such status shall be conclusive that the child is not a member or eligible for membership in that tribe. Such determinations are presumptively those of the tribe where submitted in the form of a tribal resolution, or signed by or testified to by the person(s) authorized by the tribe's governing body to speak for the tribe, or by the tribe's agent designated to receive notice under the federal Indian child welfare act where such designation is published in the federal register;
(c) Where a tribe provides no response to notice under RCW 13.38.070, such nonresponse shall not constitute evidence that the child is not a member or eligible for membership. Provided, however, that under such circumstances the party asserting application of the federal Indian child welfare act, or this chapter, will have the burden of proving by a preponderance of the evidence that the child is an Indian child.
(4)(a) Where a child has been determined not to be an Indian child, any party to the proceeding, or an Indian tribe that subsequently determines the child is a member, may, during the pendency of any child custody proceeding to which this chapter or the federal Indian child welfare act applies, move the court for redetermination of the child's Indian status based upon new evidence, redetermination by the child's tribe, or newly conferred federal recognition of the tribe.
(b) This subsection (4) does not affect the rights afforded under 25 U.S.C. Sec. 1914.
[ 2017 c 269 s 1; 2011 c 309 s 7.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice—Procedures—Determination of Indian status.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 13.38.080

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

catchline: Transfer of jurisdiction.


title: RCW 13.38.090

text:
The Indian child, the Indian child's tribe or tribes, and the Indian custodian have the right to intervene at any point in any child custody proceeding involving the Indian child.
[ 2011 c 309 s 9.]

catchline: Right to intervene.


title: RCW 13.38.100

text:
The state shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to Indian child custody proceedings.
[ 2011 c 309 s 10.]

catchline: Full faith and credit.


title: RCW 13.38.110

text:
In any child custody proceeding under this chapter in which the court determines the Indian child's parent or Indian custodian is indigent, the parent or Indian custodian shall have the right to court-appointed counsel. The court may, in its discretion, appoint counsel for the Indian child upon a finding that the appointment is in the best interests of the Indian child.
[ 2011 c 309 s 11.]

catchline: Right to counsel.


title: RCW 13.38.120

text:
Each party to a child custody proceeding involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the proceeding may be based.
[ 2011 c 309 s 12.]

catchline: Right to examine reports, other documents.


title: RCW 13.38.130

text:
(1) A party seeking to effect an involuntary foster care placement of or the involuntary termination of parental rights to an Indian child shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
(2) No involuntary foster care placement may be ordered in a child custody proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For purposes of this subsection, any harm that may result from interfering with the bond or attachment between the foster parent and the child shall not be the sole basis or primary reason for continuing the child in foster care.
(3) No involuntary termination of parental rights may be ordered in a child custody proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. For the purposes of this subsection, any harm that may result from interfering with the bond or attachment that may have formed between the child and a foster care provider shall not be the sole basis or primary reason for termination of parental rights over an Indian child.
(4)(a) For purposes of this section, "qualified expert witness" means a person who provides testimony in a proceeding under this chapter to assist a court in the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child. In any proceeding in which the child's Indian tribe has intervened pursuant to RCW 13.38.090 or, if the department is the petitioner and the Indian child's tribe has entered into a local agreement with the department for the provision of child welfare services, the petitioner shall contact the tribe and ask the tribe to identify a tribal member or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices. The petitioner shall notify the child's Indian tribe of the need to provide a "qualified expert witness" at least twenty days prior to any evidentiary hearing in which the testimony of the witness will be required. If the child's Indian tribe does not identify a "qualified expert witness" for the proceeding on a timely basis, the petitioner may proceed to identify such a witness pursuant to (b) of this subsection.
(b) In any proceeding in which the child's Indian tribe has not intervened or entered into a local agreement with the department for the provision of child welfare services, or a child's Indian tribe has not responded to a request to identify a "qualified expert witness" for the proceeding on a timely basis, the petitioner shall provide a "qualified expert witness" who meets one or more of the following requirements in descending order of preference:
(i) A member of the child's Indian tribe or other person of the tribe's choice who is recognized by the tribe as knowledgeable regarding tribal customs as they pertain to family organization or child rearing practices for this purpose;
(ii) Any person having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe;
(iii) Any person having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the Indian child's tribe; or
(iv) A professional person having substantial education and experience in the area of his or her specialty.
(c) When the petitioner is the department or a supervising agency, the currently assigned department or agency caseworker or the caseworker's supervisor may not testify as a "qualified expert witness" for purposes of this section. Nothing in this section shall bar the assigned department or agency caseworker or the caseworker's supervisor from testifying as an expert witness for other purposes in a proceeding under this chapter. Nothing in this section shall bar other department or supervising agency employees with appropriate expert qualifications or experience from testifying as a "qualified expert witness" in a proceeding under this chapter. Nothing in this section shall bar the petitioner or any other party in a proceeding under this chapter from providing additional witnesses or expert testimony, subject to the approval of the court, on any issue before the court including the determination of whether the continued custody of the child by, or return of the child to, the parent, parents, or Indian custodian, is likely to result in serious emotional or physical damage to the child.
[ 2011 c 309 s 13.]

catchline: Involuntary foster care placement, termination of parental rights—Determination—Qualified expert witness.


title: RCW 13.38.140

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

catchline: Emergency removal or placement of Indian child—Notice.


title: RCW 13.38.150

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

catchline: Consent to foster care placement or termination of parental rights—Withdrawal.


title: RCW 13.38.160

text:
If a petitioner in a child custody proceeding under this chapter has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall immediately return the child to the child's parent or Indian custodian unless returning the child to the parent or Indian custodian would subject the child to substantial and immediate danger or threat of such danger.
[ 2011 c 309 s 16.]

catchline: Improper removal of Indian child.


title: RCW 13.38.170

text:
(1) If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, the biological parent or prior Indian custodian may petition to have the child returned to their custody and the court shall grant the request unless there is a showing by clear and convincing evidence that return of custody to the biological parent or prior Indian custodian is not in the best interests of the Indian child.
(2) If an Indian child is removed from a foster care placement or a preadoptive or adoptive home for the purpose of further foster care, preadoptive, or adoptive placement, the placement shall be in accordance with this chapter, except when an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
[ 2011 c 309 s 17.]

catchline: Removal of Indian child from adoptive or foster care placement.


title: RCW 13.38.180

text:
(1) When an emergency removal, foster care placement, or preadoptive placement of an Indian child is necessary, a good faith effort will be made to place the Indian child:
(a) In the least restrictive setting;
(b) Which most approximates a family situation;
(c) Which is in reasonable proximity to the Indian child's home; and
(d) In which the Indian child's special needs, if any, will be met.
(2) In any foster care or preadoptive placement, a preference shall be given, in absence of good cause to the contrary, to the child's placement with one of the following:
(a) A member of the child's extended family;
(b) A foster home licensed, approved, or specified by the child's tribe;
(c) An Indian foster home licensed or approved by an authorized non-Indian licensing authority;
(d) A child foster care agency approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs;
(e) A non-Indian child foster care agency approved by the child's tribe;
(f) A non-Indian family that is committed to:
(i) Promoting and allowing appropriate extended family visitation;
(ii) Establishing, maintaining, and strengthening the child's relationship with his or her tribe or tribes; and
(iii) Participating in the cultural and ceremonial events of the child's tribe.
(3) In the absence of good cause to the contrary, any adoptive or other permanent placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order:
(a) Extended family members;
(b) An Indian family of the same tribe as the child;
(c) An Indian family that is of a similar culture to the child's tribe;
(d) Another Indian family; or
(e) Any other family which can provide a suitable home for an Indian child, such suitability to be determined in consultation with the Indian child's tribe or, in proceedings under chapter 13.34 RCW where the Indian child is in the custody of the department or a supervising agency and the Indian child's tribe has not intervened or participated, the local Indian child welfare advisory committee.
(4) Notwithstanding the placement preferences listed in subsections (2) and (3) of this section, if a different order of placement preference is established by the child's tribe, the court or agency effecting the placement shall follow the order of preference established by the tribe so long as the placement is in the least restrictive setting appropriate to the particular needs of the child.
(5) Where appropriate, the preference of the Indian child or his or her parent shall be considered by the court. Where a consenting parent evidences a desire for anonymity, the court or agency shall give weight to such desire in applying the preferences.
(6) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties.
(7) Nothing in this section shall prevent the department or the court from placing the child with a parent to effectuate a permanent plan regardless of the parent's relationship to the child's tribe.
[ 2011 c 309 s 18.]

catchline: Placement preferences.


title: RCW 13.38.190

text:
(1) The department, in consultation with Indian tribes, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the federal Indian child welfare act and this chapter. These standards and procedures and the monitoring methods shall also be integrated into the department's child welfare contracting and contract monitoring process.
(2) Nothing in this chapter shall affect, impair, or limit rights or remedies provided to any party under the federal Indian child welfare act, 25 U.S.C. Sec. 1914.
[ 2011 c 309 s 19.]

catchline: Review of cases—Standards and procedures—Compliance.


title: RCW 13.40.010

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

catchline: Short title—Intent—Purpose.


title: RCW 13.40.020

text:
For the purposes of this chapter:
(1) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders, and recommendations for treatment. "Assessment" includes, but is not limited to, drug and alcohol evaluations, psychological and psychiatric evaluations, records review, clinical interview, and administration of a formal test or instrument;
(2) "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling including an intake appointment, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services including, when appropriate, restorative justice programs; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(3) "Community-based sanctions" may include community restitution not to exceed 150 hours of community restitution;
(4) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;
(5) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(e) Residential treatment, where substance abuse, mental health, and/or co-occurring disorders have been identified in an assessment by a qualified mental health professional, psychologist, psychiatrist, co-occurring disorder specialist, or substance use disorder professional and a funded bed is available. If a child agrees to voluntary placement in a state-funded long-term evaluation and treatment facility, the case must follow the existing placement procedure including consideration of less restrictive treatment options and medical necessity.
(i) A court may order residential treatment after consideration and findings regarding whether:
(A) The referral is necessary to rehabilitate the child;
(B) The referral is necessary to protect the public or the child;
(C) The referral is in the child's best interest;
(D) The child has been given the opportunity to engage in less restrictive treatment and has been unable or unwilling to comply; and
(E) Inpatient treatment is the least restrictive action consistent with the child's needs and circumstances.
(ii) In any case where a court orders a child to inpatient treatment under this section, the court must hold a review hearing no later than 60 days after the youth begins inpatient treatment, and every 30 days thereafter, as long as the youth is in inpatient treatment;
(6) "Community transition services" means a therapeutic and supportive community-based custody option in which:
(a) A person serves a portion of their term of confinement residing in the community, outside of department institutions and community facilities;
(b) The department supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location;
(c) The department provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and
(d) The department prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race, ethnicity, sexual identity, and gender identity;
(7) "Confinement" means physical custody by the department of children, youth, and families in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than 31 days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(8) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense, the allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history. A successfully completed diversion under RCW 13.40.080 may not be considered part of the respondent's criminal history;
(10) "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody;
(11) "Department" means the department of children, youth, and families;
(12) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(13) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(14) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(15) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(16) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;
(17) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of 18 years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;
(18) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person 18 years of age or older over whom the juvenile court has jurisdiction under RCW 13.40.300;
(19) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;
(20) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; or (c) 0-150 hours of community restitution;
(21) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(22) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(23) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(24) "Physical restraint" means the use of any bodily force or physical intervention to control a juvenile offender or limit a juvenile offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide a juvenile offender from one location to another;
(25) "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the youth leaves the hospital, birthing center, or clinic;
(26) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
(27) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(28) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(29) "Restorative justice" means practices, policies, and programs informed by and sensitive to the needs of crime victims that are designed to encourage offenders to accept responsibility for repairing the harm caused by their offense by providing safe and supportive opportunities for voluntary participation and communication between the victim, the offender, their families, and relevant community members;
(30) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;
(31) "Risk assessment tool" means the statistically valid tool used by the department to inform release or placement decisions related to security level, release within the sentencing range, community facility eligibility, community transition services eligibility, and parole. The "risk assessment tool" is used by the department to predict the likelihood of successful reentry and future criminal behavior;
(32) "Screening" means a process that is designed to identify a child who is at risk of having mental health, substance abuse, or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention, or more comprehensive assessment. A screening may be undertaken with or without the administration of a formal instrument;
(33) "Secretary" means the secretary of the department;
(34) "Services" means services, including restorative justice, which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(35) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(36) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of the respondent's sexual gratification;
(37) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;
(38) "Transportation" means the conveying, by any means, of an incarcerated pregnant youth from the institution or detention facility to another location from the moment she leaves the institution or detention facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated youth from the institution or detention facility to a transport vehicle and from the vehicle to the other location;
(39) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(40) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
(41) "Youth court" means a diversion unit under the supervision of the juvenile court.
[ 2025 c 140 s 2; 2024 c 117 s 4; 2023 c 449 s 16; 2023 c 449 s 15. Prior: 2021 c 328 s 5; 2021 c 206 s 3; 2019 c 444 s 9; 2018 c 82 s 3; (2018 c 82 s 2 expired July 1, 2019); 2017 3rd sp.s. c 6 s 605; prior: 2016 c 136 s 2; 2016 c 106 s 1; 2014 c 110 s 1; 2012 c 201 s 1; 2010 c 181 s 10; 2009 c 454 s 2; 2004 c 120 s 2; prior: 2002 c 237 s 7; 2002 c 175 s 19; 1997 c 338 s 10; (1997 c 338 s 9 expired July 1, 1998); prior: 1995 c 395 s 2; 1995 c 134 s 1; prior: 1994 sp.s. c 7 s 520; 1994 c 271 s 803; 1994 c 261 s 18; 1993 c 373 s 1; 1990 1st ex.s. c 12 s 1; 1990 c 3 s 301; 1989 c 407 s 1; 1988 c 145 s 17; 1983 c 191 s 7; 1981 c 299 s 2; 1979 c 155 s 54; 1977 ex.s. c 291 s 56.]
Notes:
Findings—Intent—2025 c 140: See note following RCW 13.40.080.
Application—2024 c 117: See note following RCW 13.40.300.
Contingent expiration date—2023 c 449 s 16: "Section 16 of this act expires when section 15 of this act takes effect." [ 2023 c 449 s 25.]
Contingent effective date—2023 c 449 s 15: "Section 15 of this act takes effect when section 3, chapter 206, Laws of 2021 takes effect." [ 2023 c 449 s 24.]
Effective date—2023 c 449: See note following RCW 13.40.058.
Effective date—2021 c 328: See note following RCW 13.40.740.
Contingent effective date—Findings—Appropriation—Rental vouchers—2021 c 206: See notes following RCW 72.01.412.
Effective date—2018 c 82 s 3: "Section 3 of this act takes effect July 1, 2019." [ 2018 c 82 s 7.]
Expiration date—2018 c 82 s 2: "Section 2 of this act expires July 1, 2019." [ 2018 c 82 s 6.]
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—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Alphabetization of definitions—1997 c 338: "The code reviser shall alphabetize the definitions in RCW 13.40.020 and correct any references." [ 1997 c 338 s 71.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Purpose—Severability—1994 c 271: See notes following RCW 9A.28.020.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Severability—1993 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 373 s 3.]
Effective date—1990 1st ex.s. c 12: "This act shall take effect July 1, 1990." [ 1990 1st ex.s. c 12 s 5.]
Effective date—Savings—Application—1988 c 145: See notes following RCW 9A.44.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Definitions.


title: RCW 13.40.030

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

catchline: Security guidelines—Legislative review—Limitations on permissible ranges of confinement.


title: RCW 13.40.0351

text:
The sentencing guidelines and prosecuting standards apply equally to juvenile offenders in all parts of the state, without discrimination as to any element that does not relate to the crime or the previous record of the offender.
[ 1989 c 407 s 5.]

catchline: Equal application of guidelines and standards.


title: RCW 13.40.0357

text:
DESCRIPTION AND OFFENSE CATEGORY
juvenile
disposition
offense
category
description (rcw citation)
juvenile disposition
category for
attempt, bailjump,
conspiracy, or
solicitation
Arson and Malicious Mischief
A
Arson 1 (9A.48.020)
B+
B
Arson 2 (9A.48.030)
C
C
Reckless Burning 1 (9A.48.040)
D
D
Reckless Burning 2 (9A.48.050)
E
B
Malicious Mischief 1 (9A.48.070)
C
C
Malicious Mischief 2 (9A.48.080)
D
D
Malicious Mischief 3 (9A.48.090)
E
E
Tampering with Fire Alarm Apparatus (9.40.100)
E
E
Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)
E
A
Possession of Incendiary Device (9.40.120)
B+
Assault and Other Crimes Involving Physical Harm
A
Assault 1 (9A.36.011)
B+
B+
Assault 2 (9A.36.021)
C+
C+
Assault 3 (9A.36.031)
D+
D+
Assault 4 (9A.36.041)
E
B+
Drive-By Shooting (9A.36.045) committed at age 15 or under
C+
A++
Drive-By Shooting (9A.36.045) committed at age 16 or 17
A
D+
Reckless Endangerment (9A.36.050)
E
C+
Promoting Suicide Attempt (9A.36.060)
D+
D+
Coercion (9A.36.070)
E
C+
Custodial Assault (9A.36.100)
D+
Burglary and Trespass
B+
Burglary 1 (9A.52.020) committed at
age 15 or under
C+
A-
Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
B
Residential Burglary (9A.52.025)
C
B
Burglary 2 (9A.52.030)
C
D
Burglary Tools (Possession of) (9A.52.060)
E
D
Criminal Trespass 1 (9A.52.070)
E
E
Criminal Trespass 2 (9A.52.080)
E
C
Mineral Trespass (78.44.330)
C
C
Vehicle Prowling 1 (9A.52.095)
D
D
Vehicle Prowling 2 (9A.52.100)
E
Drugs
E
Possession/Consumption of Alcohol (66.44.270)
E
C
Illegally Obtaining Legend Drug (69.41.020)
D
C+
Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))
D+
E
Possession of Legend
Drug (69.41.030(2)(b))
E
B+
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))
C
E
Possession of Cannabis <40 grams (69.50.4014)
E
C
Fraudulently Obtaining Controlled Substance (69.50.403)
C
C+
Sale of Controlled Substance for Profit (69.50.410)
C+
E
Unlawful Inhalation (9.47A.020)
E
B
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))
B
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))
C
E
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)
E
C
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
Firearms and Weapons
B
Theft of Firearm (9A.56.300)
C
B
Possession of Stolen Firearm
(9A.56.310)
C
E
Carrying Loaded Pistol Without Permit (9.41.050)
E
C
Possession of Firearms by Minor (<18) (9.41.040(2)(a) (v))
C
D+
Possession of Dangerous Weapon (9.41.250)
E
D
Intimidating Another Person by use of Weapon (9.41.270)
E
Homicide
A+
Murder 1 (9A.32.030)
A
A+
Murder 2 (9A.32.050)
B+
B+
Manslaughter 1 (9A.32.060)
C+
C+
Manslaughter 2 (9A.32.070)
D+
B+
Vehicular Homicide (46.61.520)
C+
Kidnapping
A
Kidnap 1 (9A.40.020)
B+
B+
Kidnap 2 (9A.40.030)
C+
C+
Unlawful Imprisonment (9A.40.040)
D+
Obstructing Governmental Operation
D
Obstructing a Law Enforcement Officer (9A.76.020)
E
E
Resisting Arrest (9A.76.040)
E
B
Introducing Contraband 1 (9A.76.140)
C
C
Introducing Contraband 2 (9A.76.150)
D
E
Introducing Contraband 3 (9A.76.160)
E
B+
Intimidating a Public Servant (9A.76.180)
C+
B+
Intimidating a Witness (9A.72.110)
C+
Public Disturbance
C+
Criminal Mischief with Weapon (9A.84.010(2)(b))
D+
D+
Criminal Mischief Without Weapon (9A.84.010(2)(a))
E
E
Failure to Disperse (9A.84.020)
E
E
Disorderly Conduct (9A.84.030)
E
Sex Crimes
A
Rape 1 (9A.44.040)
B+
B++
Rape 2 (9A.44.050) committed at age 14 or under
B+
A-
Rape 2 (9A.44.050) committed at age 15 through age 17
B+
C+
Rape 3 (9A.44.060)
D+
B++
Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
A-
Rape of a Child 1 (9A.44.073)
committed at age 15
B+
B+
Rape of a Child 2 (9A.44.076)
C+
B
Incest 1 (9A.64.020(1))
C
C
Incest 2 (9A.64.020(2))
D
D+
Indecent Exposure (Victim <14) (9A.88.010)
E
E
Indecent Exposure (Victim 14 or over) (9A.88.010)
E
B+
Promoting Prostitution 1 (9A.88.070)
C+
C+
Promoting Prostitution 2 (9A.88.080)
D+
E
O & A (Prostitution) (9A.88.030)
E
B+
Indecent Liberties (9A.44.100)
C+
B++
Child Molestation 1 (9A.44.083) committed at age 14 or under
B+
A-
Child Molestation 1 (9A.44.083) committed at age 15 through age 17
B+
B
Child Molestation 2 (9A.44.086)
C+
C
Failure to Register as a Sex Offender (9A.44.132)
D
Theft, Robbery, Extortion, and Forgery
B
Theft 1 (9A.56.030)
C
C
Theft 2 (9A.56.040)
D
D
Theft 3 (9A.56.050)
E
B
Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)
C
C
Forgery (9A.60.020)
D
A
Robbery 1 (9A.56.200) committed at
age 15 or under
B+
A++
Robbery 1 (9A.56.200) committed at
age 16 or 17
A
B+
Robbery 2 (9A.56.210)
C+
B+
Extortion 1 (9A.56.120)
C+
C+
Extortion 2 (9A.56.130)
D+
C
Identity Theft 1 (9.35.020(2))
D
D
Identity Theft 2 (9.35.020(3))
E
D
Improperly Obtaining Financial Information (9.35.010)
E
B
Possession of a Stolen Vehicle (9A.56.068)
C
B
Possession of Stolen Property 1 (9A.56.150)
C
C
Possession of Stolen Property 2 (9A.56.160)
D
D
Possession of Stolen Property 3 (9A.56.170)
E
B
Taking Motor Vehicle Without Permission 1 (9A.56.070)
C
C
Taking Motor Vehicle Without Permission 2 (9A.56.075)
D
B
Theft of a Motor Vehicle (9A.56.065)
C
Motor Vehicle Related Crimes
E
Driving Without a License (46.20.005)
E
B+
Hit and Run - Death (46.52.020(4)(a))
C+
C
Hit and Run - Injury (46.52.020(4)(b))
D
D
Hit and Run-Attended (46.52.020(5))
E
E
Hit and Run-Unattended (46.52.010)
E
C
Vehicular Assault (46.61.522)
D
C
Attempting to Elude Pursuing Police Vehicle (46.61.024)
D
E
Reckless Driving (46.61.500)
E
D
Driving While Under the Influence (46.61.502 and 46.61.504)
E
B+
Felony Driving While Under the Influence (46.61.502(6))
B
B+
Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
Other
B
Animal Cruelty 1 (16.52.205)
C
B
Bomb Threat (9.61.160)
C
C
Escape 11 (9A.76.110)
C
C
Escape 21 (9A.76.120)
C
D
Escape 3 (9A.76.130)
E
E
Obscene, Harassing, Etc., Phone Calls (9.61.230)
E
A
Other Offense Equivalent to an Adult Class A Felony
B+
B
Other Offense Equivalent to an Adult Class B Felony
C
C
Other Offense Equivalent to an Adult Class C Felony
D
D
Other Offense Equivalent to an Adult Gross Misdemeanor
E
E
Other Offense Equivalent to an Adult Misdemeanor
E
V
Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 28 days confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A++
129 to 260 weeks for all category A++ offenses
A+
180 weeks to age 21 for all category A+ offenses
A
103-129 weeks for all category A offenses
A-
30-40 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
B++
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
CURRENT
B+
15-36 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
OFFENSE
B
LS
LS
15-36 weeks
15-36 weeks
52-65 weeks
CATEGORY
C+
LS
LS
LS
15-36 weeks
15-36 weeks
C
LS
LS
LS
LS
15-36 weeks
D+
LS
LS
LS
LS
LS
D
LS
LS
LS
LS
LS
E
LS
LS
LS
LS
LS
PRIOR
0
1
2
3
4 or more
ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
(a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
(b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender:
(a) Is adjudicated of an A+ or A++ offense;
(b) Is fourteen years of age or older and is adjudicated of one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060);
(iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or manslaughter 2 (RCW 9A.32.070); or
(iv) Violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b)), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
(c) Is ordered to serve a disposition for a firearm violation under RCW 13.40.193;
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; or
(e) Has a prior option B disposition.
OR
OPTION C
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed a B++ or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
[ 2023 c 295 s 8. Prior: 2022 c 268 s 37; (2022 c 268 s 36 expired July 1, 2023); 2022 c 16 s 9; (2022 c 16 s 8 expired July 1, 2023); 2021 c 311 s 16; 2020 c 18 s 8; 2019 c 322 s 8; 2018 c 162 s 3; 2016 c 106 s 2; 2013 c 20 s 2; 2012 c 177 s 4; prior: 2008 c 230 s 3; 2008 c 158 s 1; 2007 c 199 s 11; 2006 c 73 s 14; 2004 c 117 s 1; prior: 2003 c 378 s 2; 2003 c 335 s 6; 2003 c 53 s 97; prior: 2002 c 324 s 3; 2002 c 175 s 20; 2001 c 217 s 13; 2000 c 66 s 3; 1998 c 290 s 5; prior: 1997 c 338 s 12; (1997 c 338 s 11 expired July 1, 1998); 1997 c 66 s 6; 1996 c 205 s 6; 1995 c 395 s 3; 1994 sp.s. c 7 s 522; 1989 c 407 s 7.]
Notes:
Findings—Intent—2023 c 295: See note following RCW 9.41.040.
Expiration date—2022 c 268 s 36: "Section 36 of this act expires July 1, 2023." [ 2022 c 268 s 48.]
Effective dates—2022 c 268: See note following RCW 7.105.010.
Effective date—2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date—2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Findings—Intent—2019 c 322: See note following RCW 72.01.410.
Report to legislature—2019 c 322 ss 2-6; 2018 c 162: See RCW 13.04.800.
Effective date—2013 c 20: See note following RCW 9A.84.010.
Delayed effective date—2008 c 230 ss 1-3: See note following RCW 9A.44.130.
Findings—Intent—Short title—2007 c 199: See notes following RCW 9A.56.065.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2004 c 117: "This act takes effect July 1, 2004." [ 2004 c 117 s 3.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Application—Effective date—Severability—1998 c 290: See notes following RCW 69.50.401.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Evaluation—Report—1997 c 338: "The legislature finds it critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and reduction of recidivism.
To accomplish this evaluation, the Washington state institute for public policy shall conduct a study of the sentencing revisions. The study shall: (1) Be conducted starting January 1, 2001; (2) examine whether the revisions have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions; and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders.
The institute shall report the results of the study to the governor and legislature not later than July 1, 2002." [ 1997 c 338 s 59.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Juvenile offender sentencing standards.


title: RCW 13.40.038

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

catchline: County juvenile detention facilities—Policy—Detention and risk assessment standards.


title: RCW 13.40.040

text:
(1) A juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or
(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or
(c) Pursuant to a court order that the juvenile be held as a material witness; or
(d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there is probable cause to believe that:
(a) The juvenile has committed an offense or has violated the terms of a disposition order; and
(i) The juvenile will likely fail to appear for further proceedings; or
(ii) Detention is required to protect the juvenile from himself or herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or
(v) The juvenile has committed a crime while another case was pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile's parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.
(5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of children, youth, and families. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.
[ 2017 3rd sp.s. c 6 s 606; 2002 c 171 s 2; 1999 c 167 s 2; 1997 c 338 s 13; 1995 c 395 s 4; 1979 c 155 s 57; 1977 ex.s. c 291 s 58.]
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.
Effective date—2002 c 171: See note following RCW 72.01.410.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping.


title: RCW 13.40.042

text:
(1) When a police officer has reasonable cause to believe that a juvenile has committed acts constituting a nonfelony crime that is not a serious offense as identified in RCW 10.77.665, and the officer believes that the juvenile suffers from a mental disorder, and the local prosecutor has entered into an agreement with law enforcement regarding the detention of juveniles who may have a mental disorder or may be suffering from chemical dependency, the arresting officer, instead of taking the juvenile to the local juvenile detention facility, may take the juvenile to:
(a) An evaluation and treatment facility as defined in RCW 71.34.020 if the juvenile suffers from a mental disorder and the facility has been identified as an alternative location by agreement of the prosecutor, law enforcement, and the mental health provider;
(b) A facility or program identified by agreement of the prosecutor and law enforcement; or
(c) A location already identified and in use by law enforcement for the purpose of a behavioral health diversion.
(2) For the purposes of this section, an "alternative location" means a facility or program that has the capacity to evaluate a youth and, if determined to be appropriate, develop a behavioral health intervention plan and initiate treatment.
(3) If a juvenile is taken to any location described in subsection (1)(a) or (b) of this section, the juvenile may be held for up to twelve hours and must be examined by a mental health or substance use disorder professional within three hours of arrival.
(4) The authority provided pursuant to this section is in addition to existing authority under RCW 10.31.110 and * 10.31.120.
[ 2019 c 444 s 10; 2014 c 128 s 4; 2013 c 179 s 2.]
Notes:
*Reviser's note: RCW 10.31.120 expired July 31, 2019, pursuant to 2014 c 128 s 6.
Finding—2014 c 128: "The legislature finds that the large number of individuals involved in the juvenile justice and criminal justice systems with substance abuse challenges is of significant concern. Access to effective treatment is critical to the successful treatment of individuals in the early stages of their contact with the juvenile justice and criminal justice systems. Such access may prevent further involvement in the systems. The effective use of substance abuse treatment options can result not only in significant cost savings for the juvenile justice and criminal justice systems, but can benefit the lives of individuals who face substance abuse challenges." [ 2014 c 128 s 1.]
Finding—2013 c 179: "The legislature finds that the large number of youth involved in the juvenile justice system with mental health challenges is of significant concern. Access to effective treatment is critical to the successful treatment of youth in the early stages of their contact with the juvenile justice system. Such access may prevent further involvement in the system after an initial contact or assist a youth in avoiding any further contact with the juvenile justice system altogether. There is growing evidence that mental health diversion strategies, in particular, are effective in connecting youth with needed treatment and preventing additional offending behaviors. These strategies allow a continuum of opportunities for connecting youth who may be facing a mental illness or disorder to community mental health services at multiple decision points, such as law enforcement diversion, prosecutor diversion, court-based diversion, and court disposition. The effective use of these strategies can result not only in significant cost savings for the juvenile justice system, but can create the benefit of improved lives of the youth who face mental health challenges and barriers." [ 2013 c 179 s 1.]

catchline: Detention of juvenile suffering from mental disorder or substance use disorder.


title: RCW 13.40.043

text:
(1) In any juvenile offender case where an offender has been sentenced for an offense where an adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's sentence or disposition, the prosecuting attorney shall, or the offender may, make a motion for relief from disposition to the original court that imposed the disposition.
(2) The court that imposed the disposition shall grant the motion for relief from disposition established in this section if it finds that a current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility was used as a basis for the offender's disposition and shall immediately set an expedited date for resentencing. At resentencing, the court shall impose a disposition as if the current or past adjudication for a prison riot offense that occurred in a facility operated by the department of children, youth, and families or a county juvenile detention facility did not occur.
[ 2025 c 169 s 4.]
Notes:
Effective date—2025 c 169: See note following RCW 9.94A.640.

catchline: Prison riot offenses—Relief from disposition.


title: RCW 13.40.044

text:
(1) The department shall establish rules for including prison riot behavior as described in RCW 9.94.010(1) as an infraction that is managed through the internal behavioral management infraction system.
(2) By August 1, 2025, the department shall respond to prison riot behavior as described in RCW 9.94.010(1) that occurs in an institution using the internal behavioral management infraction system.
(3) The department may impose an infraction using the internal behavioral management infraction system for offenses that were vacated under RCW 9.94A.640 when appropriate.
[ 2025 c 169 s 5.]
Notes:
Effective date—2025 c 169: See note following RCW 9.94A.640.

catchline: Infraction—Prison riot offenses vacated.


title: RCW 13.40.045

text:
The secretary or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
[ 2017 3rd sp.s. c 6 s 607; 1997 c 338 s 14; 1994 sp.s. c 7 s 518.]
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.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Escapees—Arrest warrants.


title: RCW 13.40.050

text:
(1) When a juvenile taken into custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040.
(6) If detention is not necessary under RCW 13.40.040, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during specified hours; or
(f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in *RCW 13.40.040(4).
(7) A juvenile may be released only to a responsible adult or the department.
(8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
(9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
[ 1997 c 338 s 15; 1995 c 395 s 5; 1992 c 205 s 106; 1979 c 155 s 58; 1977 ex.s. c 291 s 59.]
Notes:
*Reviser's note: RCW 13.40.040 was amended by 2002 c 171 s 2, changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Detention procedures—Notice of hearing—Conditions of release—Consultation with parent, guardian, or custodian.


title: RCW 13.40.054

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

catchline: Probation bond or collateral—Modification or revocation of probation bond.


title: RCW 13.40.058

text:
No fine, administrative fee, cost, or surcharge may be imposed or collected by the court or any agent of the court against any juvenile or a juvenile's parent or guardian, or other person having custody of the juvenile, in connection with any juvenile offender proceeding including, but not limited to, fees for diversion, DNA sampling, or victims' penalty assessments.
[ 2023 c 449 s 14.]
Notes:
Application—2023 c 449: "Nothing in this act requires a court to refund or reimburse amounts previously paid towards legal financial obligations, interests on legal financial obligations, or any other costs." [ 2023 c 449 s 22.]
Effective date—2023 c 449: "Except for section 15 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023." [ 2023 c 449 s 27.]

catchline: Fines, administrative fees, costs, and surcharges prohibited.


title: RCW 13.40.060

text:
(1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.
(2)(a) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun; and
(b) A court may transfer a proceeding to another juvenile court following disposition for the purposes of supervision and enforcement of the disposition order.
(3) If the court orders a transfer of the proceeding pursuant to subsection (2)(b) of this section:
(a) The case and copies of only those legal and social documents pertaining thereto shall be transferred to the county in which the juvenile resides, without regard to whether or not his or her custodial parent resides there, for supervision and enforcement of the disposition order.
(b) If any restitution is yet to be determined, the originating court shall transfer the case to the new county with the exception of the restitution. Venue over restitution shall be retained by the originating court for purposes of establishing a restitution order. Once restitution is determined, the originating county shall then transfer venue over modification and enforcement of the restitution to the new county.
(c) The court of the receiving county may modify and enforce the disposition order, including restitution.
(d) The clerk of the originating county shall maintain the account receivable in the judicial information system and all payments shall be made to the clerk of the originating county.
(e) Any collection of the offender legal financial obligation shall be managed by the juvenile probation department of the new county while the offender is under juvenile probation supervision, or by the clerk of the original county at the conclusion of supervision by juvenile probation. The probation department of the new county shall notify the clerk of the originating county when they end supervision of the offender.
(f) In cases where a civil judgment has already been established, venue may not be transferred to another county.
[ 2005 c 165 s 1; 1997 c 338 s 16; 1989 c 71 s 1; 1981 c 299 s 6; 1979 c 155 s 59; 1977 ex.s. c 291 s 60.]
Notes:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—1989 c 71: "This act shall take effect September 1, 1989." [ 1989 c 71 s 2.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.


title: RCW 13.40.070

text:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsection (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (8) of this section. If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) The prosecutor shall file an information with the juvenile court if (a) an alleged offender is accused of an offense that is defined as a sex offense or violent offense under RCW 9.94A.030, other than assault in the second degree or robbery in the second degree; or (b) an alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion.
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that may be filed under subsections (5) and (8) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient to charge an alleged offender with:
(a) Prostitution loitering and the alleged offense is the offender's first prostitution loitering offense, the prosecutor shall divert the case;
(b) Voyeurism in the second degree, the offender is under seventeen years of age, and the alleged offense is the offender's first voyeurism in the second degree offense, the prosecutor shall divert the case, unless the offender has received two diversions for any offense in the previous two years;
(c) Minor selling depictions of himself or herself engaged in sexually explicit conduct under RCW 9.68A.053(5) and the alleged offense is the offender's first violation of RCW 9.68A.053(5), the prosecutor shall divert the case; or
(d) A distribution, transfer, dissemination, or exchange of sexually explicit images of other minors thirteen years of age or older offense as provided in RCW 9.68A.053(1) and the alleged offense is the offender's first violation of RCW 9.68A.053(1), the prosecutor shall divert the case.
(8) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor may be guided by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(9) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.
(10) The responsibilities of the prosecutor under subsections (1) through (9) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(11) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to community-based programs, restorative justice programs, mediation, or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.
(12) Prosecutors and juvenile courts are encouraged to engage with and partner with community-based programs to expand, improve, and increase options to divert youth from formal processing in juvenile court. Nothing in this chapter should be read to limit partnership with community-based programs to create diversion opportunities for juveniles.
[ 2020 c 331 s 5; 2019 c 128 s 8; 2018 c 82 s 1; 2017 c 292 s 2; 2013 c 179 s 3; 2010 c 289 s 7; 2009 c 252 s 3; 2003 c 53 s 98; 2001 c 175 s 2; 1997 c 338 s 17; 1994 sp.s. c 7 s 543; 1992 c 205 s 107; 1989 c 407 s 9; 1983 c 191 s 18; 1981 c 299 s 7; 1979 c 155 s 60; 1977 ex.s. c 291 s 61.]
Notes:
Effective date—2020 c 331 ss 4, 5, and 6: See note following RCW 7.68.380.
Finding—2020 c 331: See note following RCW 7.68.380.
Short title—2019 c 128: See note following RCW 13.40.660.
Finding—2013 c 179: See note following RCW 13.40.042.
Findings—2009 c 252: See note following RCW 13.40.213.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Application—1994 sp.s. c 7 ss 540-545: See note following RCW 13.50.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.

catchline: Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor acting for prosecutor—Referral to community-based, restorative justice, mediation, or reconciliation programs.