13.32A.192 - At-risk youth petition -- Prehearing procedures.

At-risk youth petition — Prehearing procedures.

(1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:

     (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent and the child of such date;

     (b) Notify the parent of the right to be represented by counsel at the parent's own expense;

     (c) Appoint legal counsel for the child;

     (d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and

     (e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.

     (2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent.

     (3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center. If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

     (4) If both a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth petition. Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a child in need of services petition. The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home.

[1997 c 146 § 8; 1996 c 133 § 26; 1995 c 312 § 26; 1990 c 276 § 12.]

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.

Intent -- 1990 c 276: See RCW 13.32A.015.

Conflict with federal requirements -- Severability -- 1990 c 276: See notes following RCW 13.32A.020.