June 13, 2006

TO: County Clerks, Juvenile Court Administrators and Law Libraries
FROM: Merrie Gough, Legal Analyst
SUBJECT: Summary of Changes to Juvenile Court Forms

Following are updates to the Juvenile Court Forms based upon 2006 legislation and other recommended changes adopted by the Pattern Forms Committee:

I.

Shelter Care/Dependency Order

 

A.

WPF JU 02.0200, Shelter Care Hearing Order

Laws of 2003, ch. 112 enacted RCW 74.13.580, which states:

The department shall work with the administrative office of the courts to develop protocols to ensure that educational stability is addressed during the shelter care hearing.

The department and AOC worked together to develop a protocol. The protocol includes changes to the Shelter Care Hearing Order, new paragraphs 2.10 (page 2) and 3.14 (page 5). These changes address education stability for the child.  These changes are based upon RCW 74.13.550 and related sections RCW 74.13.560 and .580:

2.10      Education status:

            q        The child is not of school age.

            q        The child is presently enrolled in school at __________________ (name of school and school district).

q       If the child will not remain enrolled in the child’s present school, the reasons for the transfer to             a new school are:

 

          [The form includes additional space for writing in the reasons.]

 

            q        The child needs to be enrolled in school before the next hearing date. 
___________________________________________________ (name/title of person at DSHS/Supervising Agency) is responsible for timely enrolling the child in school.

            q         The person identified on Student Records Authorization Form as responsible for coordinating student’s educational information is __________________________________ (name/title of person at DSHS/Supervising Agency).

3.14      q        _____________________________ (name of person/title at DSHS/Supervising Agency) shall timely enroll the child in school.

            q        ______________________________ (name of person/title at DSHS/Supervising Agency) shall provide the child’s school with the School Records Authorization Form.

 

B.

WPF JU 03.0500, Dependency Review Hearing Order/Permanency Planning Hearing

Delete paragraph 2.16:

2.16      q         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: _____________________________________
_____________________________________________________
_____________________________________________________

And replace it with the following new language in paragraph 12.15:

2.15      q         A termination petition should be filed pursuant to RCW 13.34.138(1)(c).

q         The supervising agency has documented in the ISSP a compelling reason as the basis for its determination that filing a termination petition would not be in the best interests of the child.

            q         The child has been placed in the care of a relative and filing a termination petition would not be in the best interests of the child.

II.

2006 Legislation

 

A.

WPF JU 07.0520, Sexual Assault Protection Order

This is a new form based upon Laws of 2006, ch. 138 § 16.

 

B.

WPF JU 07.0800, Order on Adjudication and Disposition

Laws of 2006, ch. 138 § 16(2)(a) authorizes the court to order electronic monitoring if a sexual assault protection order is issued or extended at the time of arraignment.  If the offender is convicted, the court may order the offender to pay the cost of pre-adjudication electronic monitoring.  In implementing this provision, the following check box is added at the end of paragraph 4.14:

   The respondent is ordered to reimburse __________________[name of electronic monitoring agency] at ___________________________, for the cost of pre-adjudication electronic monitoring in the amount of $________.

 

 

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