S-0517.1
SENATE BILL 5339
State of Washington 67th Legislature 2021 Regular Session
By Senators Das, Nguyen, Darneille, Liias, Lovelett, Nobles, and
Salomon
Read first time 01/25/21. Referred to Committee on Human Services,
Reentry & Rehabilitation.
1 AN ACT Relating to juvenile records; amending RCW 13.50.260 and
2 13.50.150; and reenacting and amending RCW 13.50.010.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 13.50.010 and 2019 c 470 s 22 and 2019 c 82 s 1 are
5 each reenacted and amended to read as follows:
6 (1) For purposes of this chapter:
7 (a) "Expunge" means to destroy the applicable documents or data
8 named in the expungement order so as to make it permanently
9 irretrievable and erase or completely remove any direct connection of
10 the case to the offender in any system maintained by any agency as
11 named in the order. Previous findings in an expunged case are
12 considered vacated and nonexistent.
13 (b) "Good faith effort to pay" means a juvenile offender has
14 either (i) paid the principal amount in full; (ii) made at least
15 ((eighty)) 80 percent of the value of full monthly payments within
16 the period from disposition or deferred disposition until the time
17 the amount of restitution owed is under review; or (iii) can show
18 good cause why he or she paid an amount less than ((eighty)) 80
19 percent of the value of full monthly payments;
20 (((b))) (c) "Juvenile justice or care agency" means any of the
21 following: Police, diversion units, court, prosecuting attorney,
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 1 defense attorney, detention center, attorney general, the oversight
2 board for children, youth, and families, the office of the family and
3 children's ombuds, the department of social and health services and
4 its contracting agencies, the department of children, youth, and
5 families and its contracting agencies, schools; persons or public or
6 private agencies having children committed to their custody; and any
7 placement oversight committee created under RCW 72.05.415;
8 (((c))) (d) "Official juvenile court file" means the legal file
9 of the juvenile court containing the petition or information,
10 motions, memorandums, briefs, notices of hearing or appearance,
11 service documents, witness and exhibit lists, findings of the court
12 and court orders, agreements, judgments, decrees, notices of appeal,
13 as well as documents prepared by the clerk, including court minutes,
14 letters, warrants, waivers, affidavits, declarations, invoices, and
15 the index to clerk papers;
16 (((d))) (e) "Records" means the official juvenile court file, the
17 social file, and records of any other juvenile justice or care agency
18 in the case;
19 (((e))) (f) "Social file" means the juvenile court file
20 containing the records and reports of the probation counselor.
21 (2) Each petition or information filed with the court may include
22 only one juvenile and each petition or information shall be filed
23 under a separate docket number. The social file shall be filed
24 separately from the official juvenile court file.
25 (3) It is the duty of any juvenile justice or care agency to
26 maintain accurate records. To this end:
27 (a) The agency may never knowingly record inaccurate information.
28 Any information in records maintained by the department of social and
29 health services or the department of children, youth, and families
30 relating to a petition filed pursuant to chapter 13.34 RCW that is
31 found by the court to be false or inaccurate shall be corrected or
32 expunged from such records by the agency;
33 (b) An agency shall take reasonable steps to assure the security
34 of its records and prevent tampering with them; and
35 (c) An agency shall make reasonable efforts to insure the
36 completeness of its records, including action taken by other agencies
37 with respect to matters in its files.
38 (4) Each juvenile justice or care agency shall implement
39 procedures consistent with the provisions of this chapter to
40 facilitate inquiries concerning records.
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 1 (5) Any person who has reasonable cause to believe information
2 concerning that person is included in the records of a juvenile
3 justice or care agency and who has been denied access to those
4 records by the agency may make a motion to the court for an order
5 authorizing that person to inspect the juvenile justice or care
6 agency record concerning that person. The court shall grant the
7 motion to examine records unless it finds that in the interests of
8 justice or in the best interests of the juvenile the records or parts
9 of them should remain confidential.
10 (6) A juvenile, or his or her parents, or any person who has
11 reasonable cause to believe information concerning that person is
12 included in the records of a juvenile justice or care agency may make
13 a motion to the court challenging the accuracy of any information
14 concerning the moving party in the record or challenging the
15 continued possession of the record by the agency. If the court grants
16 the motion, it shall order the record or information to be corrected
17 or destroyed.
18 (7) The person making a motion under subsection (5) or (6) of
19 this section shall give reasonable notice of the motion to all
20 parties to the original action and to any agency whose records will
21 be affected by the motion.
22 (8) The court may permit inspection of records by, or release of
23 information to, any clinic, hospital, or agency which has the subject
24 person under care or treatment. The court may also permit inspection
25 by or release to individuals or agencies, including juvenile justice
26 advisory committees of county law and justice councils, engaged in
27 legitimate research for educational, scientific, or public purposes.
28 Each person granted permission to inspect juvenile justice or care
29 agency records for research purposes shall present a notarized
30 statement to the court stating that the names of juveniles and
31 parents will remain confidential.
32 (9) The court shall release to the caseload forecast council the
33 records needed for its research and data-gathering functions. Access
34 to caseload forecast data may be permitted by the council for
35 research purposes only if the anonymity of all persons mentioned in
36 the records or information will be preserved.
37 (10) Juvenile detention facilities shall release records to the
38 caseload forecast council upon request. The commission shall not
39 disclose the names of any juveniles or parents mentioned in the
40 records without the named individual's written permission.
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 1 (11) Requirements in this chapter relating to the court's
2 authority to compel disclosure shall not apply to the oversight board
3 for children, youth, and families or the office of the family and
4 children's ombuds.
5 (12) For the purpose of research only, the administrative office
6 of the courts shall maintain an electronic research copy of all
7 records in the judicial information system related to juveniles.
8 Access to the research copy is restricted to the administrative
9 office of the courts for research purposes as authorized by the
10 supreme court or by state statute. The administrative office of the
11 courts shall maintain the confidentiality of all confidential records
12 and shall preserve the anonymity of all persons identified in the
13 research copy. Data contained in the research copy may be shared with
14 other governmental agencies as authorized by state statute, pursuant
15 to data-sharing and research agreements, and consistent with
16 applicable security and confidentiality requirements. The research
17 copy may not be subject to any records retention schedule and must
18 include records destroyed or removed from the judicial information
19 system pursuant to RCW 13.50.270 and 13.50.100(3).
20 (13) The court shall release to the Washington state office of
21 public defense records needed to implement the agency's oversight,
22 technical assistance, and other functions as required by RCW
23 2.70.020. Access to the records used as a basis for oversight,
24 technical assistance, or other agency functions is restricted to the
25 Washington state office of public defense. The Washington state
26 office of public defense shall maintain the confidentiality of all
27 confidential information included in the records.
28 (14) The court shall release to the Washington state office of
29 civil legal aid records needed to implement the agency's oversight,
30 technical assistance, and other functions as required by RCW
31 2.53.045. Access to the records used as a basis for oversight,
32 technical assistance, or other agency functions is restricted to the
33 Washington state office of civil legal aid. The Washington state
34 office of civil legal aid shall maintain the confidentiality of all
35 confidential information included in the records, and shall, as soon
36 as possible, destroy any retained notes or records obtained under
37 this section that are not necessary for its functions related to RCW
38 2.53.045.
39 (15) For purposes of providing for the educational success of
40 youth in foster care, the department of children, youth, and families
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 1 may disclose only those confidential child welfare records that
2 pertain to or may assist with meeting the educational needs of
3 current and former foster youth to another state agency or state
4 agency's contracted provider responsible under state law or contract
5 for assisting current and former foster youth to attain educational
6 success. The records retain their confidentiality pursuant to this
7 chapter and federal law and cannot be further disclosed except as
8 allowed under this chapter and federal law.
9 (16) For the purpose of ensuring the safety and welfare of the
10 youth who are in foster care, the department of children, youth, and
11 families may disclose to the department of commerce and its
12 contracted providers responsible under state law or contract for
13 providing services to youth, only those confidential child welfare
14 records that pertain to ensuring the safety and welfare of the youth
15 who are in foster care who are admitted to crisis residential centers
16 or HOPE centers under contract with the office of homeless youth
17 prevention and protection. Records disclosed under this subsection
18 retain their confidentiality pursuant to this chapter and federal law
19 and may not be further disclosed except as permitted by this chapter
20 and federal law.
21 (17) For purposes of investigating and preventing child abuse and
22 neglect, and providing for the health care coordination and the well-
23 being of children in foster care, the department of children, youth,
24 and families may disclose only those confidential child welfare
25 records that pertain to or may assist with investigation and
26 prevention of child abuse and neglect, or may assist with providing
27 for the health and well-being of children in foster care to the
28 department of social and health services, the health care authority,
29 or their contracting agencies. For purposes of investigating and
30 preventing child abuse and neglect, and to provide for the
31 coordination of health care and the well-being of children in foster
32 care, the department of social and health services and the health
33 care authority may disclose only those confidential child welfare
34 records that pertain to or may assist with investigation and
35 prevention of child abuse and neglect, or may assist with providing
36 for the health care coordination and the well-being of children in
37 foster care to the department of children, youth, and families, or
38 its contracting agencies. The records retain their confidentiality
39 pursuant to this chapter and federal law and cannot be further
40 disclosed except as allowed under this chapter and federal law.
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1 (18) For the purpose of investigating child sexual abuse, online
2 sexual exploitation and commercial sexual exploitation of minors, and
3 child fatality, child physical abuse, and criminal neglect cases for
4 the well-being of the child, the department of children, youth, and
5 families may disclose only those confidential child welfare records
6 that pertain to or may assist with such an investigation pursuant to
7 RCW 26.44.180 and 26.44.175. The records retain their confidentiality
8 pursuant to this chapter and federal law and cannot be further
9 disclosed except as allowed under this chapter and federal law.
10 Sec. 2. RCW 13.50.260 and 2020 c 184 s 1 are each amended to
11 read as follows:
12 (1)(a) The court shall hold regular sealing hearings. During
13 these regular sealing hearings, the court shall administratively seal
14 an individual's juvenile record pursuant to the requirements of this
15 subsection. Although the juvenile record shall be sealed, the social
16 file may be available to any juvenile justice or care agency when an
17 investigation or case involving the juvenile subject of the records
18 is being prosecuted by the juvenile justice or care agency or when
19 the juvenile justice or care agency is assigned the responsibility of
20 supervising the juvenile. The juvenile respondent's presence is not
21 required at any administrative sealing hearing.
22 (b) At the disposition hearing of a juvenile offender, the court
23 shall schedule an administrative sealing hearing to take place during
24 the first regularly scheduled sealing hearing after the latest of the
25 following events that apply:
26 (i) The respondent's ((eighteenth))18th birthday;
27 (ii) Anticipated end date of a respondent's probation, if
28 ordered;
29 (iii) Anticipated release from confinement at the juvenile
30 rehabilitation administration, or the completion of parole, if the
31 respondent is transferred to the juvenile rehabilitation
32 administration.
33 (c) The court shall not schedule an administrative sealing
34 hearing at the disposition and no administrative sealing hearing
35 shall occur if one of the offenses for which the court has entered a
36 disposition is at the time of commission of the offense:
37 (i) A most serious offense, as defined in RCW 9.94A.030; or
38 (ii) A sex offense under chapter 9A.44 RCW((; or
39 (iii) A drug offense, as defined in RCW 9.94A.030)).
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 1 (d) At the time of the scheduled administrative sealing hearing,
2 the court shall enter a written order sealing the respondent's
3 juvenile court record pursuant to this subsection if the court finds
4 by a preponderance of the evidence that the respondent is no longer
5 on supervision for the case being considered for sealing and has paid
6 the full amount of restitution owing to the individual victim named
7 in the restitution order, excluding restitution owed to any public or
8 private entity providing insurance coverage or health care coverage.
9 In determining whether the respondent is on supervision or owes
10 restitution, the court shall take judicial notice of court records,
11 including records of the county clerk, and, if necessary, sworn
12 testimony from a representative of the juvenile department.
13 (e) At the time of the administrative sealing hearing, if the
14 court finds the respondent remains on supervision for the case being
15 considered for sealing, then the court shall continue the
16 administrative sealing hearing to a date within ((thirty))30 days
17 following the anticipated end date of the respondent's supervision.
18 At the next administrative sealing hearing, the court shall again
19 determine the respondent's eligibility for sealing his or her
20 juvenile court record pursuant to (d) of this subsection, and, if
21 necessary, continue the hearing again as provided in this subsection.
22 (f)(i) During the administrative sealing hearing, if the court
23 finds the respondent is no longer on supervision for the case being
24 considered for sealing, but the respondent has not paid the full
25 amount of restitution owing to the individual victim named in the
26 restitution order, excluding any public or private entity providing
27 insurance coverage or health care coverage, the court shall deny
28 sealing the juvenile court record in a written order that: (A)
29 Specifies the amount of restitution that remains unpaid to the
30 original victim, excluding any public or private entity providing
31 insurance coverage or health care coverage; and (B) provides
32 direction to the respondent on how to pursue the sealing of records
33 associated with this cause of action.
34 (ii) Within five business days of the entry of the written order
35 denying the request to seal a juvenile court record, the juvenile
36 court department staff shall notify the respondent of the denial by
37 providing a copy of the order of denial to the respondent in person
38 or in writing mailed to the respondent's last known address in the
39 department of licensing database or the respondent's address provided
40 to the court, whichever is more rece