Title 13 — Title 13 JUVENILE COURTS AND JUVENILE OFFENDERS
16 chapters · 345 sections in this title.
RCW 13.38.060 Jurisdiction.
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(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 decli…
RCW 13.38.070 Notice—Procedures—Determination of Indian status.
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(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…
RCW 13.38.080 Transfer of jurisdiction.
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(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 proceedin…
RCW 13.38.090 Right to intervene.
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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.]
RCW 13.38.100 Full faith and credit.
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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.]
RCW 13.38.110 Right to counsel.
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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 In…
RCW 13.38.120 Right to examine reports, other documents.
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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.]
RCW 13.38.130 Involuntary foster care placement, termination of parental rights—Determination—Qualified expert witness.
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(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 b…
RCW 13.38.140 Emergency removal or placement of Indian child—Notice.
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(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…
RCW 13.38.150 Consent to foster care placement or termination of parental rights—Withdrawal.
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(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 accompan…
RCW 13.38.160 Improper removal of Indian child.
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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…
RCW 13.38.170 Removal of Indian child from adoptive or foster care placement.
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(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 thei…
RCW 13.38.180 Placement preferences.
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(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 reasonabl…
RCW 13.38.190 Review of cases—Standards and procedures—Compliance.
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(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 ch…
RCW 13.40.010 Short title—Intent—Purpose.
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(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…
RCW 13.40.020 Definitions.
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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 disord…
RCW 13.40.030 Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
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(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…
RCW 13.40.0351 Equal application of guidelines and standards.
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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.]
RCW 13.40.0357 Juvenile offender sentencing standards.
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DESCRIPTION AND OFFENSE CATEGORYjuveniledispositionoffensecategorydescription (rcw citation)juvenile dispositioncategory forattempt, bailjump,conspiracy, orsolicitation Arson and Malicious Mischief AArson 1 (9A.48.020)B+ BArson 2 (9A.48.030)C CReckless Burning 1 (9A.48.040)D DRec…
RCW 13.40.038 County juvenile detention facilities—Policy—Detention and risk assessment standards.
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(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…
RCW 13.40.040 Taking juvenile into custody, grounds—Detention of, grounds—Detention pending disposition—Release on bond, conditions—Bail jumping.
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(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) W…
RCW 13.40.042 Detention of juvenile suffering from mental disorder or substance use disorder.
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(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 pros…
RCW 13.40.043 Prison riot offenses—Relief from disposition.
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(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 basi…
RCW 13.40.044 Infraction—Prison riot offenses vacated.
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(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…
RCW 13.40.045 Escapees—Arrest warrants.
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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 …
RCW 13.40.050 Detention procedures—Notice of hearing—Conditions of release—Consultation with parent, guardian, or custodian.
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(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 …
RCW 13.40.054 Probation bond or collateral—Modification or revocation of probation bond.
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(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 require…
RCW 13.40.058 Fines, administrative fees, costs, and surcharges prohibited.
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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 includin…
RCW 13.40.060 Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.
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(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…
RCW 13.40.070 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.
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(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 jurisdict…
RCW 13.40.077 Recommended prosecuting standards for charging and plea dispositions.
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RECOMMENDED PROSECUTING STANDARDSFOR CHARGING AND PLEA DISPOSITIONSINTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive …
RCW 13.40.080 Diversion agreement—Scope—Limitations—Restitution orders—Divertee's rights—Diversion unit's powers and duties—Interpreters—Modification.
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(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. A juvenile's parent or guardian cannot decline to enter into a diversion agreement on beha…
RCW 13.40.082 Diversion agreements—Applicability—Underlying offense.
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RCW 13.40.020 applies to all completed juvenile diversion agreements and those which are in place but not yet completed on or after July 27, 2025, regardless of when the underlying offense was committed.[ 2025 c 140 s 7.]Notes:Findings—Intent—2025 c 140: See note following RCW 13…
RCW 13.40.087 Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.
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Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that youth with the services and treatment specified in RCW * 74.14B.060 a…
RCW 13.40.090 Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
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The county prosecuting attorney shall be a party to all juvenile court proceedings involving juvenile offenders or alleged juvenile offenders.The prosecuting attorney may, after giving appropriate notice to the juvenile court, decline to represent the state of Washington in juven…
RCW 13.40.100 Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—Contempt of court, when.
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(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.(2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the…
RCW 13.40.110 Hearing on question of declining jurisdiction—Held, when—Findings.
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(1) Discretionary decline hearing - The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a he…
RCW 13.40.120 Hearings—Time and place.
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All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court.[ 1981 c 299 s 9; 1979 c 155 s 64; 1977 ex.s. c 291 s 66.]Notes:Effective …
RCW 13.40.127 Deferred disposition.
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(1) A juvenile is eligible for deferred disposition unless he or she:(a) Is charged with a sex or violent offense;(b) Has a criminal history which includes any felony;(c) Has a prior deferred disposition or deferred adjudication; or(d) Has two or more adjudications.(2) The juveni…
RCW 13.40.130 Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—Disposition standards used in sentencing.
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(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.(2) If the respondent pleads guilty, the court m…
RCW 13.40.135 Sexual motivation special allegation—Procedures.
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(1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defens…
RCW 13.40.140 Juveniles entitled to usual judicial rights—Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when.
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(1) A juvenile shall be advised of the juvenile's rights when appearing before the court.(2) A juvenile and the juvenile's parent, guardian, or custodian shall be advised by the court or its representative that the juvenile has a right to be represented by counsel at all critical…
RCW 13.40.150 Disposition hearing—Scope—Factors to be considered prior to entry of dispositional order.
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(1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth…
RCW 13.40.160 Disposition order—Court's action prescribed—Disposition outside standard range—Right of appeal—Special sex offender disposition alternative.
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(1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the s…
RCW 13.40.162 Special sex offender disposition alternative.
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(1) A juvenile offender is eligible for the special sex offender disposition alternative when:(a) The offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and the offender has no history of…
RCW 13.40.165 Substance use disorder or mental health disposition alternative.
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(1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 71.24.615. It is also the purpose of the disposition alternative to assure that minors in need of substance use dis…
RCW 13.40.180 Single disposition order—Consecutive terms when two or more offenses—Limitations—Separate disposition order—Concurrent period of community supervision.
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(1) Where a disposition in a single disposition order is imposed on a youth for two or more offenses, the terms shall run consecutively, subject to the following limitations:(a) Where the offenses were committed through a single act or omission, omission, or through an act or omi…
RCW 13.40.185 Disposition order—Confinement under departmental supervision or in juvenile facility, when.
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(1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days,…
RCW 13.40.190 Disposition order—Restitution for loss or damage—Modification of restitution order.
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(1)(a) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads …
RCW 13.40.192 Restitution and other legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or conclusion of juvenile court jurisdiction—Extension of judgment.
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(1) If a juvenile is ordered to pay restitution, the money judgment remains enforceable for a period of 10 years. When the juvenile reaches the age of 18 years or at the conclusion of juvenile court jurisdiction, whichever occurs later, the superior court clerk must docket the re…