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July 18, 2007
TO: County Clerks, Juvenile Court Administrators and Law Libraries
FROM: Merrie Gough, Senior Legal Analyst
SUBJECT: 2007 SUMMARY OF CHANGES TO JUVENILE COURT FORMS
Following are updates to the Juvenile Court Forms based upon 2007 legislation and other recommended changes adopted by the Pattern Forms Committee:
I.
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Shelter Care - 02
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A.
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WPF JU 02.0100, Motion for Order to Take Child Into Custody
Change the RCW citation in the footer from “.070(5)” to “.070(6)”. This corrects the citation.
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B.
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WPF JU 02.0150, Declaration of Shelter Care Placement Notification
Laws of 2007, ch. 413 (ESHB 1624) § 3 deletes former RCW 13.34.060(2) relating to notice requirements; and § 4 amends RCW 13.34.062, which now includes the notice requirements. To implement these changes:
In paragraph 2, insert the following at the end of the first check box option: “, including the right to a shelter care hearing.”
Additionally in paragraph 2 in the first check box option, delete “legal” before “guardian” and insert “legal” before “custodian.
In the second check box of paragraph 2, change “The notice was given” to “I gave the notice.”
In the third check box option, change “The notice was given” to “I gave the notice.”
In the footer, change the RCW citation from “RCW 13.34.060(2)” to “RCW 13.34.062.”
In paragraph 3, in the first check box option, delete “legal” before “guardian” and insert “legal” before “custodian.”
In the second check box option, delete “Shelter care placement notification was” and replace it with “I.” After “delivered” and before “to” insert “shelter care placement notification.”
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C.
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WPF JU 02.0200, Shelter Care Hearing Order
This form is substantially modified. Please delete the existing form and replace it with the new form.
In the caption after “Clerk’s Action Required” change the paragraph numbers to “3.15, 3.16, 3.17.”
In the person restrained box, change the paragraph number to “3.15.”
In paragraph 1.1, after “matter” and before “and” insert “by q DSHS q Licensed Child Placement Agency ____________________________ q Other __________________________...”
In paragraph 1.2, delete “Legal” before “Guardian” and insert “Legal” before “Custodian;” insert “DSHS/Supervising” before “Agency Worker; Delete “Probation Counselor” and replace it with “Tribal Representative;” and insert a new check box for “Current Caregiver.”
In paragraph 2.1, delete the citation to “RCW 13.34.060(2).” This change is based upon Laws of 2007, ch. 413 (ESHB 1624) § 3, which deleted former RCW 13.34.060(2), relating to notice requirements.
Also in paragraph 2.1, after “child” insert “age 12 or older.”
In paragraph 2.2, Indian Status, change “Indian” to “an Indian child.”
Laws of 2007, ch. 413 (ESHB 1624) § 3 deletes the notice requirements that were formerly included in RCW 13.34.060. Pursuant § 4, the notice requirements are now in RCW 13.34.062. To implement these changes:
In paragraph 2.3 delete the citation to “RCW 13.34.060.”
Laws of 2007, ch. 413 (ESHB 1624) § 4 amended RCW 13.34.062 by adding the notice requirements previously included in RCW 13.34.060 and by deleting requirements that the court make express finding that the notice now under 13.34.062 was given to the parties; and that the court notified the parties of their rights relating to the shelter care hearing. Notice requirements in RCW 13.34.062 are now addressed in paragraph 2.1. To implement these changes:
Also in paragraph 2.3 delete the citation to “RCW 13.34.062.”
Laws of 2007, ch. 413 (ESHB 1624) § 5 amended RCW 13.34.065 by adding a new section “(3)(a)” relating to the court’s parental rights notification that must occur at the beginning of the shelter care hearing. To implement this new section:
In paragraph 2.2 add a citation to “RCW 13.34.065.”
To implement Laws of 2007, ch. 413 § 5 add the following new paragraph 2.4:
Laws of 2007, ch. 413 (ESHB 1624) § 5 amends RCW 13.34.065 by adding a new subsection “(4)” that contains many factors the court “shall inquire into” at the shelter care hearing. The factors in RCW 13.34.065(4) are incorporated into new paragraph “2.5, Shelter Care Factors.”
The remainder of the form is substantially modified based upon Laws of 2007, ch. 413 § 5 or recommended changes to the form.
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D.
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WPF JU 02.0220, Order Authorizing Continued Shelter Care
Laws of 2007, ch. 413, § 5 amends RCW 13.34.065 by adding a new subsection “7(a)” the end of which states: “…No child may be placed in shelter care for longer that 30 days without an order, signed by the judge, authorizing continued shelter care.” To implement this change:
In paragraph 1.2, third check box option, change the citation from “RCW 13.34.062(5)” to “RCW 13.34.065(7)(a).”
In section II. Findings, change the citation from RCW “13.34.065(2)” to “13.34.065.”
The signature lines were substantially modified.
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E.
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WPF JU 02.0240, Order and Authorization Re Health Care and Education
This form was approved on an expedited basis in March, 2007. The following paragraph is added immediately above the line for the date:
The signature lines were substantially modified.
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II.
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Dependency - 03
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A.
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WPF JU 03.0400, Order of Dependency
This form was substantially modified based upon Laws of 2007, ch. 413 § 5 and recommended changes. Please delete your existing form and replace it with the new form.
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B.
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WPF JU 03.0410, Order of Disposition on Dependency
This form was substantially modified based upon Laws of 2007, ch. 413 §§ 5 and 6, and recommended changes. Please delete your existing form and replace it with the new form.
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C.
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WPF JU 03.0500, Dependency Review Hearing Order/Permanency Planning Hearing
This form was substantially modified based upon Laws of 2007, ch. 410, § 1 and Laws of 2007, ch. 413, § § 7, 8 and 9, and recommended changes. Please delete your existing form and replace it with the new form.
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III.
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Termination of Parent-Child Relationship - 04
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A.
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WPF JU 04.0500, Petition for Reinstatement of Terminated Parental Rights
This is a new form based upon Laws of 2007, ch. 413, § 1.
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B.
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WPF JU 04.0510, Order Appointing Guardian Ad Litem
This is a new form.
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C.
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WPF JU 04.0600, Order re Notice of Hearing on Petition for Reinstatement of Terminated Parental Rights
This is a new form based upon Laws of 2007, ch. 413, § 1.
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D.
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WPF JU 04.0700, Order on Threshold Hearing (Petition for Reinstatement of Terminated Parental Rights)
This is a new form based upon Laws of 2007, ch. 413, § 1.
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E.
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WPF JU 0.0800, Order on Hearing Re Petition for Reinstatement of Terminated Parental Rights
This is a new form based upon Laws of 2007, ch. 413, § 1.
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F.
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WPF JU 04.0810, Order on Review Hearing Re Petition for Reinstatement of Terminated Parental Rights
This is a new form based upon Laws of 2007, ch. 413, § 1.
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G.
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WPF JU 04.0820, Order Reinstating Parental Rights
This is a new form based upon Laws of 2007, ch. 413, § 1.
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IV.
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Diversion/Juvenile Offender Forms
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A.
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WPF JU 06.0120, Diversion Agreement
Laws of 2007, ch. 368, § 11 amends RCW 9.68A.105 by increasing a fee from “$200” to “$550” assessed for a violation of commercial exploitation of a minor and by assessing the fee in juvenile diversion cases. Laws of 2007, ch. 368, § 12 amends RCW 9A.88.120 by assessing different fees for crimes involving sexual exploitation of minors that result in juvenile diversions.
To implement the new sections, on page one, in the second row, which addresses counseling, after “the” and before “fee,” insert “counseling”:
On page two, in the second row, add the following as the second line:
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B.
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WPF JU 07.0800, Order on Adjudication and Disposition
In the caption, after “Clerk’s Action Required,” add references to paragraph “4.14 and 4.20.”
To implement Laws of 2007, ch. 368, relating to fees that are assessed for the various offenses involving sexual exploitation of minors, add the following line to paragraph 4.14:
“ Pursuant to RCW 9.68A.105 or 9A.88.120 fee of $______________
Waived.”
Insert the new paragraph 4.20:
Before the table for the respondent’s fingerprints, delete the line beginning with “Certificate.”
In the fingerprint table, change the line beginning with “I further attest…” as indicated;
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C.
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WPF JU 07.1320, Order of Deferred Disposition
In the right side of the caption, add “Clerk’s Action Required: Paragraphs 4.15, 4.16, 4.18” to the caption.
All fees, fines, etc, (former paragraphs 4.15 through 4.19) are combined into paragraph “4.15”, which has the new heading “Respondent is ordered to pay.”
To implement Laws of 2007, ch. 368, insert the following check box option to new paragraph 4.15:
“ Pursuant to RCW 9.68A.105 or 9A.88.120, fee of $______________ Waived.”
The remaining changes are recommended changes.
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V.
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Juvenile Court Records
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A.
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WPF JU 10.0200, Motion and Declaration for Order to Correct or Destroy Improperly Retained Records
In section “I. Motion,” Insert the following after the line and before the first check box: “[Juvenile Justice or Care Agency].” Insert the following sentence at the end of the first paragraph:
Delete the following check box:
In the footer, insert “GR 15(h).”
Insert the following heading for paragraph 2.2:
Delete paragraph number “2.3” before “The information should.”
Change paragraph “2.4” to “2.3.”
Delete “Copy Received; Approved for Entry; Notice of Presentation Waived:” and the signature line that followed.
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B.
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Order Regarding Correction or Destruction of Improperly Retained Records
In the first check box option in paragraph 1.2, change “a hearing was held” to “the court held a hearing.”
Add the following as the first line of paragraph 2.2:
In the footer, insert “GR 15(h).”
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C.
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WPF JU 10.0220, Notice of Respondent’s Motion for Order to Correct or Destroy Improperly Retained Records
This is a new form.
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D.
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WPF JU 10.0300, Motion and Declaration to Seal Records of Juvenile Offender Pursuant to RCW 13.50.050(11) and GR 15(c)
In the caption, insert “and GR 15(c)” to the end of the form title.
In section “I. Motion” after “RCW 13.50.050(11) and (12)”, insert “, GR 15(c).”
In the footer, insert “GR 15(c).”
Insert the following new heading for paragraph 2.1:
Delete existing paragraph number “2.2 through 2.9.” Underline “Felony Conviction,” “Misdemeanor and Gross Misdemeanor Conviction,” and “Diversion.”
After the check box option for “Diversion,” insert the following sentence:
Insert the following as the new paragraph 2.2:
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E.
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WPF JU 10.0315, Notice of Respondent’s Motion to Seal Records of Juvenile Offender Pursuant to RCW 13.50.050(11) and GR 15(c)
In the caption insert “and GR 15(c)” at the end of the form title.
In the footer, insert “GR 15(c).”
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F.
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WPF JU 10.0320, Order on Motion to Seal Records of Juvenile Offender Pursuant to RCW 13.50.050(11) and GR 15(c)
In the caption insert “and GR 15(c)” at the end of the form title.
In section “I. Basis” after “RCW 13.50.050(11) and (12)”, insert “, and GR 15(c).”
In the footer, insert “GR 15(c).”
Delete the existing paragraph 2.2 and replace it with:
q Respondent q has q has not satisfied the requirements of RCW 13.50.050(11) and (12).
q Other (GR 15):”
In section “III. Order,” delete the second check box option “q The motion to seal records is granted and it is further ordered as follows” and replace it with:
“q The court grants the motion to seal records pursuant to GR 15.
q The court orders that, pursuant to RCW 13.50.050(11) to (16), the order and findings in this case are vacated and:”
Delete the first sentence “1. that the order an findings in the above entitled matter are vacated;” renumber the remaining sentences; and delete “That” from the beginning of each sentence.
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