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(1) If a child is required to attend school under RCW 28A.225.010 and if the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from public school, not later than the seventh
unexcused absence by a child within any month during the current school year or not later than the tenth unexcused absence
during the current school year the school district shall file a petition and supporting affidavit for a civil action with
the juvenile court alleging a violation of RCW 28A.225.010: (a) By the parent; (b) by the child; or (c) by the parent and the child. Except as provided in this subsection, no additional
documents need be filed with the petition.
(2) The district shall not later than the fifth
unexcused absence in a month:
(a) Enter into an agreement with a student and parent that establishes
school attendance requirements;
(b) Refer a student to a community truancy board, if available,
as defined in RCW 28A.225.025. The community truancy board shall enter into an agreement with the student and parent that establishes school attendance
requirements and take other appropriate actions to reduce the child's absences; or
(c) File
a petition under subsection (1) of this section.
(3) The petition may be filed by a school
district employee who is not an attorney.
(4) If the school district fails to file a petition
under this section, the parent of a child with five or more unexcused absences in any month during the current school year
or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a
violation of RCW 28A.225.010.
(5) Petitions filed under this section may be served by certified mail, return receipt requested.
If such service is unsuccessful, or the return receipt is not signed by the addressee, personal service is required.
[1999 c 319 § 2; 1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990 c 33 § 220; 1986 c 132 § 3; 1979 ex.s. c 201 §
2. Formerly RCW 28A.27.022.]
NOTES:
Short title -- 1995 c 312: See note following RCW 13.32A.010.
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
RCW 28A.225.020
School's duties upon child's failure to attend school.
(1) If a child required to attend school under RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has
failed to attend school after one unexcused absence within any month during the current school year. School officials shall
inform the parent of the potential consequences of additional unexcused absences;
(b) Schedule
a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for
all persons included for the purpose of analyzing the causes of the child's absences after two unexcused absences within any
month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty
days of the second unexcused absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These steps shall include, where appropriate, adjusting the child's
school program or school or course assignment, providing more individualized or remedial instruction, providing appropriate
vocational courses or work experience, referring the child to a community truancy board, if available, requiring the child
to attend an alternative school or program, or assisting the parent or child to obtain supplementary services that might eliminate
or ameliorate the cause or causes for the absence from school. If the child's parent does not attend the scheduled conference,
the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to
be taken to eliminate or reduce the child's absence.
(2) For purposes of this chapter, an
"unexcused absence" means that a child:
(a) Has failed to attend the majority of hours or
periods in an average school day or has failed to comply with a more restrictive school district policy; and
(b) Has failed to meet the school district's policy for excused absences.
(3) If a child transfers
from one school district to another during the school year, the receiving school or school district shall include the unexcused
absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and 28A.225.015.
[1999 c 319 § 1; 1996 c 134 § 2; 1995 c 312 § 67; 1992 c 205 § 202; 1986 c 132 § 2; 1979 ex.s. c 201 § 1. Formerly RCW
28A.27.020.]
NOTES:
Short title -- 1995 c 312: See note following RCW 13.32A.010.
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
RCW 28A.225.035
Petition to juvenile court -- Contents -- Court action -- Referral to community truancy board
-- Transfer of jurisdiction upon relocation.
(1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that:
(a) The child has unexcused
absences during the current school year;
(b) Actions taken by the school district have not
been successful in substantially reducing the child's absences from school; and
(c) Court
intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.
(2) The petition shall set forth the name, date of birth, school, address, gender, race, and ethnicity of the child and the
names and addresses of the child's parents.
(3) The petition shall set forth facts that support
the allegations in this section and shall generally request relief available under this chapter and provide information about
what the court might order under RCW 28A.225.090.
(4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that
a referral to an available community truancy board would substantially reduce the child's unexcused absences, the court may
refer the case to a community truancy board under the jurisdiction of the juvenile court.
(5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school
district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions
necessary to address the child's truancy within thirty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the
school district, and the child's parent. The agreement shall be presented to the juvenile court for its approval.
(6) The court shall approve the agreement by order or schedule a hearing. The court may,
if the school district and community truancy board agree, permit the truancy board to provide continued supervision over the
student, or parent if the petition is based on RCW 28A.225.015, and report on compliance with the order.
(7) If the truancy board fails to reach an agreement,
the truancy board shall return the case to the juvenile court for a hearing.
(8) Notwithstanding
the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially
reduce the child's unexcused absences. When a juvenile court hearing is held, the court shall:
(a) Separately notify the child, the parent of the child, and the school district of the hearing;
(b) Notify the parent and the child of their rights to present evidence at the hearing; and
(c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.
(9) The court may require the attendance of the child if eight years old or older, the
parents, and the school district at any hearing on a petition filed under RCW 28A.225.030.
(10) A school district is responsible for determining who shall represent the school district
at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.
(11) The court may permit the first hearing to be held without requiring that either party
be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative who is not an attorney to
represent the school district at any future hearings.
(12) If the allegations in the petition
are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction
to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances
of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this
chapter. In no case may the order expire before the end of the school year in which it is entered.
(13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences
by the child.
(14) Community truancy boards and the courts shall coordinate, to the extent
possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions
in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140.
(15) If after a juvenile court assumes jurisdiction in one county the child relocates to
another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume
jurisdiction of the petition filed in the previous county.
[2001 c 162 § 1; 1999 c 319 § 3; 1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c 133 § 31; 1995 c 312 § 69.]
NOTES:
Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following
RCW 13.32A.197.
Short title -- 1995 c 312: See note following RCW 13.32A.010.
RCW 28A.225.090Court orders -- Penalties -- Parents' defense.
(1) A court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following:
(a) Attend the child's current school, and set forth
minimum attendance requirements, including suspensions;
(b) If there is space available and
the program can provide educational services appropriate for the child, order the child to attend another public school, an
alternative education program, center, a skill center, dropout prevention program, or another public educational program;
(c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved
or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available;
(ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing
to accept the child and will not charge any fees in addition to those established by contract with the student's school district.
If the court orders the child to enroll in a private school or program, the child's school district shall contract with the
school or program to provide educational services for the child. The school district shall not be required to contract for
a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and
received by the district. A school district shall not be required to enter into a contract that is longer than the remainder
of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer
enrolled in the district;
(d) Be referred to a community truancy board, if available; or
(e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate
to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law
and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the minor to abstain
from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment
at no expense to the school.
(2) If the child fails to comply with the court order, the court
may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community restitution. Failure by a child to comply with an order
issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil
contempt proceeding against a child under chapter 13.32A RCW.
(3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for
a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school
or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community restitution instead of imposing a fine. Any fine imposed pursuant to
this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition
that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's
absence.
(4) If a child continues to be truant after entering into a court-approved order
with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided
in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community restitution. Failure by a child to comply with
an order issued under this subsection may not subject a child to detention for a period greater than that permitted under
a civil contempt proceeding against a child under chapter 13.32A RCW.
(5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven
year-old child required to attend public school under RCW 28A.225.015.
[2002 c 175 § 29. Prior: 2000 c 162 § 15; 2000 c 162 § 6; 2000 c 61 § 1; 1999 c 319 § 4; 1998 c 296 § 39; 1997 c 68 § 2;
prior: 1996 c 134 § 6; 1996 c 133 § 32; 1995 c 312 § 74; 1992 c 205 § 204; 1990 c 33 § 226; 1987 c 202 § 189; 1986 c 132 §
5; 1979 ex.s. c 201 § 6; 1969 ex.s. c 223 § 28A.27.100; prior: 1909 c 97 p 365 § 3; RRS § 5074; prior: 1907 c 231 § 3; 1905 c 162 § 3. Formerly RCW 28A.27.100, 28.27.100.]
NOTES:
Effective date -- 2002 c 175: See note following RCW 7.80.130.
Effective date -- 2000 c 162 §§ 11-17: See note following RCW 13.32A.060.
Findings -- Intent -- 1998 c 296 §§ 36-39: See note following RCW 7.21.030.
Findings -- Intent -- Part headings not law -- Short title -- 1998 c 296: See notes
following RCW 74.13.025.
Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following
RCW 13.32A.197.
Short title -- 1995 c 312: See note following RCW 13.32A.010.
Part headings not law -- Severability -- 1992 c 205: See notes following RCW 13.40.010.
Intent -- 1987 c 202: See note following RCW 2.04.190.
The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and
that, presumptively, the experience and maturity of parents make them better qualified to establish guidelines beneficial
to and protective of their children. The legislature further finds that it is the right and responsibility of adults to establish
laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing
reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents
have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact
in the absence of compelling evidence to the contrary. The legislature recognizes there is a need for services and
assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors
including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger
themselves or others. The legislature finds many parents do not know their rights regarding their adolescent children
and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering
himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior
puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for
assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents,
courts, and law enforcement to keep families together and reunite them whenever possible. The legislature recognizes
that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should
be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter. The legislature intends
services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the
courts be used as a last resort. The legislature intends to increase the safety of children through the preservation
of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk
youth including services and assessments conducted under chapter 13.32A RCW and RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children
and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of
the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement
options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations. The
legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary
support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere
of concern, care, and respect for children in the center and their parents. The legislature intends to provide for
the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate
residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature
further intends to empower parents by providing them with the assistance they require to raise their children.
[2000 c 123 § 1; 1995 c 312 § 1; 1979 c 155 § 15.]
NOTES:
Short title -- 1995 c 312: "This act may be known and cited as the "Becca bill."" [1995 c 312 § 2.]
Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.
RCW 13.32A.197
Disposition hearing -- Additional orders for specialized treatment -- Review hearings -- Limitation
-- Use of state funds.
(1) In a disposition hearing, after a finding that a child is a child in need of services
or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the child involved
in those proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires
specialized treatment. The court may order that a child be placed in a staff secure facility, other than a crisis residential
center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties
or needs. The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary
to protect the child and that a less restrictive order would be inadequate to protect the child, given the child's age, maturity,
propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure
to serious risk should the child run away from home again.
(2) The order shall require periodic court review of the
placement, with the first review hearing conducted not more than thirty days after the date of the placement. At each review
hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child
or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the
child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198 [13.32A.198].
(3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory
definition of a child in need of services or an at-risk youth as defined in RCW 13.32A.030.
(4) State funds may only be used to pay for placements under this section if, and to the extent that, such funds
are appropriated to expressly pay for them.
[1996 c 133 § 3.]
NOTES:
Findings -- 1996 c 133: "The legislature finds that no children should be exposed to the dangers inherent in living
on the streets. The legislature further finds that there are children who are not mentally ill or chemically dependent who
are living on the street in dangerous situations. These children through their at-risk behavior place themselves at great
personal risk and danger. The legislature further finds that these children with at-risk behaviors should receive treatment
for their problems that result in excessive opposition to parental authority." [1996 c 133 § 1.]
Short title -- 1996 c 133: "This act shall be known and cited as the "Becca Too" bill." [1996 c 133 § 2.]
Intent -- Construction -- 1996 c 133: "It is the intent of the legislature that the changes in this act be construed
to expedite the administrative and judicial processes provided for in the existing and amended statutes to assist in assuring
that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their
stay at the center." [1996 c 133 § 38.]
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