wa-law.org > bill > 2023-24 > SB 6042 > Original Bill
A juvenile may be taken into custody:
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
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
Pursuant to a court order that the juvenile be held as a material witness; or
Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.
A juvenile may not be held in detention unless there is probable cause to believe that:
The juvenile has committed an offense or has violated the terms of a disposition order; and
The juvenile will likely fail to appear for further proceedings; or
Detention is required to protect the juvenile from himself or herself; or
The juvenile is a threat to community safety; or
The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or
The juvenile has committed a crime while another case was pending; or
The juvenile is a fugitive from justice; or
The juvenile's parole has been suspended or modified; or
The juvenile is a material witness.
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).
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.
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.
Pursuant to RCW 13.40.050 and in the event that juvenile courts have made reasonable good faith efforts and attempts to facilitate the return of juveniles not previously found dependent to their parent, guardian, or responsible adult but are unable to do so successfully, the juvenile may be released to the department. No further order from the court is needed to immediately transfer the juvenile to the department and the juvenile need not currently be the subject of an order of dependency.
When a juvenile taken into custody is held in detention:
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
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.
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.
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.
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.
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.
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:
Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
Place restrictions on the travel of the juvenile during the period of release;
Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
Require that the juvenile return to detention during specified hours; or
Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(5).
A juvenile may be released only to a responsible adult or the department.
A juvenile who is not dependent upon the state pursuant to RCW 13.34.130 shall be released to a parent, guardian, or responsible adult. Juvenile courts shall make reasonable good faith efforts and attempts to facilitate the return of young people not previously found dependent to their parent, guardian, or responsible adult after a stay in detention.
The department shall provide consultative services and technical assistance to juvenile courts with achieving reasonable good faith efforts and attempts in this section.
A juvenile court officer or public employee acting reasonably and in good faith shall not be held liable in any civil action for returning the juvenile to a responsible adult if the parent or legal guardian refuses to take custody of the juvenile upon release.
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.
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.
Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department, or a community-based entity under contract with the department, has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child.
A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child before completion of a family assessment. When a parent or child requests assistance, the department, or a community-based entity under contract with the department, shall assist the parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.
A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.
Whenever a child in need of services petition is filed by: (a) A youth pursuant to RCW 13.32A.150; (b) the child or the child's parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.
Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed. If the petition proposes out-of-home placement, the court shall notify the department of the date and time of the hearing set regarding the petition no less than 72 hours prior to the hearing. The department shall be entitled to an opportunity to be heard in the proceeding.
When a child in need of services petition is filed by the department, and the court or the petitioning party knows or has reason to know that an Indian child is involved, the provisions of chapter 13.38 RCW apply.
A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. When a parent or child requests assistance, the department, or a community-based entity under contract with the department, shall assist the parent or child in the filing of the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:
The child is an at-risk youth;
The petitioner has the right to legal custody of the child;
Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.
A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.
Subject to the amounts appropriated for this specific purpose, the office of homeless youth prevention and protection programs shall select, monitor, and provide funding and assistance statewide to counties that implement housing stability for youth in crisis programs as described in this section .
The housing stability for youth in crisis pilot programs must include the following components:
Regular trainings provided to all appropriate juvenile court staff regarding risk factors and identifiers for youth homelessness;
An identification and referral system used throughout the juvenile court system where all appropriate court staff use routine data flags to identify youth at risk for youth homelessness and refer youth to the housing stability coordinator described under (c) of this subsection;
A dedicated housing stability coordinator in each participating county that receives referrals, conducts housing stability assessments with youth and caregivers, connects youth and caregivers with relevant community providers based on assessments, and follows up on referrals;
A model of homelessness prevention services that provides the appropriate amount of intervention based on the youth or family needs; and
Coordinated housing services for youth experiencing homelessness.
By October 1, 2025, and annually thereafter, and in compliance with RCW 43.01.036, the office of homeless youth prevention and protection programs shall submit a report to the relevant committees of the legislature and the governor that includes:
An evaluation of the housing stability for youth in crisis programs that includes outcome data for participants;
Recommendations for improving the housing stability for youth in crisis programs; and
Recommendation for expanding the housing stability for youth in crisis programs.
When a juvenile is released to the department pursuant to RCW 13.40.040, they shall help direct the appropriate use of state and other resources to assist the juvenile with exiting detention safely, including as follows and as appropriate:
Assist with locating services and connecting youth and families with the appropriate services to allow the juvenile to safely find stable housing options;
Offer voluntary placement agreements so that the juvenile has a safe place to live while appropriate planning and services are put in place;
Offer services to help locate family, relatives, or kin, locally and nationally, using the department's family search resources;
Offer and provide family reconciliation services to assist the juvenile, family, or other responsible adult willing to support the juvenile to remedy issues that prevent the juvenile from living with their family or other responsible adults; or
File a dependency petition if the juvenile is abused, neglected, or abandoned as defined by RCW 13.34.030 and doing so is necessary to prevent imminent physical harm pursuant to chapter 13.34 RCW.