TO:

County Clerks, Juvenile Court Administrators and Law Libraries

FROM:

Merrie Gough, Legal Analyst

SUBJECT:

SUMMARY OF CHANGES TO JUVENILE COURT FORMS

1.

WPF JU 03.0500

Dependency Review Hearing Order/Permanency Planning Hearing

At the request of the Kids Come First program, the following new paragraph 2.16 is added to the findings:

2.16 [ ] The following compelling reason exists, as documented in the social study (ISSP), as the basis for the court's determination that filing a petition for termination of parental rights would not be in the best interest of the child: _____________________________________________________________________

2.

WPF JU 05.0250

Indian Child Welfare Act Notice 25 U.S.C. § 1912 (a)

The following docket code is added to the caption and footer:
"(BAIN)."

3.

WPF JU 05.0255

Proof of Mailing ICWA Notice

The following docket code is added to the caption and footer:
"(AFML)."

4.

WPF JU 07.0800

Order on Adjudication and Disposition

In the Clerk's Action Required section of the caption, a reference to paragraph "4.18" is inserted.

To implement 2005 Wash. Laws 165 (SHB 1661), which amends RCW 13.40.060, the following changes are made to paragraph 4.17:

JURISDICTION IS HEREBY TRANSFERRED TO ______________________________ County for supervision and enforcement of this order. [ ] This court retains venue over restitution. When a restitution order is entered, venue will be transferred to the above named county. IT IS FURTHER ORDERED that the clerk of this court shall transfer the file case file in this matter to the clerk of __________________________ County Superior Court and the juvenile probation department of this court shall transfer only those legal and social documents pertaining to this matter to the juvenile probation department of _________ County Superior Court.

In paragraph 4.18, in the third check box option, the spelling of "possession" is corrected.

2005 Wash. Laws 288 (SHB 1854) amended RCW 46.20.270 by eliminating the requirement that a person surrender his or her driver's license upon conviction of a crime that makes mandatory the withholding of the driving privilege by the Department of Licensing (DOL). Now, the courts mark the driver's license in a manner authorized by DOL and a valid driver's license remains in effect until the person's driving privilege is withheld by DOL. To implement 2005 Wash. Laws 288, on page 7, change the "ADMINISTRATIVE MEMORANDUM" information box from:

ADMINISTRATIVE MEMORANDUM

Does conviction require license surrender?

[ ] Yes [ ] No

Surrendered [ ] Refused [ ]

No/Lost license affidavit given [ ] Yes [ ] No

Respondent held in custody [ ] Yes [ ] No

RCW 46.20.270

To:

ADMINISTRATIVE MEMORANDUM

Does conviction require license or permit markup?

[ ] Yes [ ] No

License or permit marked in manner authorized
by Department of Licensing?

[ ] Yes [ ] No

RCW 46.20.270

In response to a request to create more room for fingerprints, the clerk's certification section was removed from the table at the end of the form and placed after the section on COLLATERAL ATTACK JUDGMENT.

The fingerprint table was changed to a larger single row with the clerk's statement below the space for the fingerprints.

5.

WPF JU 08.0100

Motion and Declaration for Declination Hearing Declining Jurisdiction

Change the name of the form in the caption and in the footer as indicated above.

To implement 2005 Wash. Laws 238 (SHB 2061) and 2005 Wash. Laws 290 (HB 2064), both of which related to automatic transfer of jurisdiction, the following changes are made:

Move original paragraph 2.3 to paragraph 2.2:

2.2 The respondent's date of birth is: _______________.

Renumber original paragraph 2.2 as paragraph 2.3 and modify it as follows:

2.23 [ ] An information was filed charging the respondent with the offense(s) of__________________________________________________________________________
committed on _________ (date).

[ ] The respondent was 16 or 17 years old when respondent allegedly committed an offense listed in RCW 13.04.030(1)(e)(v) and the respondent was automatically transferred to adult criminal court for prosecution and:

[ ] The respondent was found not guilty of the offense(s) for which he or she was transferred to adult criminal court and this court has jurisdiction over the disposition of the remaining offense(s): ______________________________________
______________________________________
______________________________________.

[ ] The respondent was convicted in the adult criminal court of a lesser included offense that is not also an offense listed in RCW 13.04.030(1)(e)(v):_____________________
____________________________________.

In paragraph 2.4, in the second check box option, after "prosecution" and before "would" insert "and/or disposition."

In the signature section, change "Bar Number" to "WSBA No."

Add "13.04.030(1)(e)(v)"to the footer.

6.

WPF JU 08.0110

Hearing, Findings and Conclusions on Declination Hearing Decline of Jurisdiction

Change the name of the form in the caption and in the footer as indicated above.

To implement 2005 Wash. Laws 238 (SHB 2061) and 2005 Wash. Laws 290 (HB 2064), both of which related to automatic transfer of jurisdiction, the following changes are made:

In paragraph 1.1, add a check box in front of the paragraph beginning with "An Information…" and add the following new check box option:

[ ] Jurisdiction of the respondent was returned to the juvenile court pursuant to RCW 13.04.030(1)(e)(v) for disposition.

In paragraph 1.3, the subcommittee agreed to change "Probation Officer" to "Probation Counselor."

Change paragraph 2.2 as follows:

Evidence [ ] does [ ] does not exist to establish reason to believe that the respondent committed the offense(s) of: ___________________________________________ on ________________________, which finding is based on: ________________________________________
_____________________________________________.

[ ] The respondent was 16 or 17 years old when respondent allegedly committed an offense listed in RCW 13.04.030(1)(e)(v) and the respondent was automatically transferred to adult criminal court for prosecution and:

[ ] The respondent was found not guilty of the offense(s) for which he or she was transferred to adult criminal court and this court has jurisdiction over the disposition of the remaining offense(s) ___________________________
____________________________________________
____________________________________________.

[ ] The respondent was convicted in the adult criminal court of the following lesser included offense(s) that is/are not also an offense listed in RCW 13.04.030(1)(e)(v): ___________________________________________.

In paragraph 2.3, after "prosecution," insert "and/or disposition." Add a period after "disposition," and delete "because: ____________________________________."

In paragraph 2.4, after "prosecution," insert "and/or disposition." After disposition, delete "because: ________."

In paragraph 2.5, change "and" to "and/or." Add a period after "court" and delete "because:_____________________."

In paragraph 2.6 after "prosecution" insert "and/or disposition." Add a period after "disposition," and delete ", which finding is based upon:_______________________."

In paragraph 2.7, add a period after "system," and delete "in that:____________________________________."

After paragraph 2.8 Other, add the following new sentence:

Detailed findings of facts are found in the court's written or oral ruling which is incorporated herein by this reference.

In paragraph 3.3, after "prosecution" and before "[ ] should" insert "and/or disposition."

In the signature section replace "Bar Number" with "WSBA No."

Add "13.04.030(1)(e)(v)"to the footer.

7.

WPF JU 08.0120

Order on Declination Hearing Decline of Jurisdiction

Change the title of the form in the caption and in the footer as indicated above.

Change the second check box option in paragraph 2.1, by inserting "and/or disposition," after "prosecution" and before "in."

Delete paragraph 2.2

In response to a request to create more room for fingerprints, the clerk's certification section was removed from the table at the end of the form and placed after the judicial officer's signature.

The fingerprint table was changed to a larger single row with the clerk's statement below the space for the fingerprints.

In the signature sections, change "Bar Number" to "WSBA No."

Add "13.04.030(1)(e)(v)"to the footer.