Which laws passed during the 2022 Washington State Legislative session impact the Superior Courts, County Clerks, and Juvenile Department, and what are those impacts? 

 

A number of bills passed during the 2022 legislative session impact the Superior Courts, County Clerks and Juvenile Departments.

This answer contains:

  • The Bill number and a link to the complete text of the bill from the Washington State Legislature's Web site.
  • A brief summary of the changes or additions created by the bill.
  • Court/Clerk Awareness/ Impact/ Action section addresses the specific system, code, law table, or form changes due to the bill. Also provided are the related links to updated documentation in the online manuals and links to eService Answers with additional information or instructions related to the bill, if applicable.
  • Effective date of the law.
  • Updated items will be documented with *** and the update item will be highlighted.

TABLE OF CONTENTS

Legislative Law Table Updates for Superior Court, County Clerks and Juvenile Departments are available at the bottom of this answer. 

2SHB 1210 – Cannabis Terminology

  • Bill # 1210
  • Summary – Replaces the term “marijuana” with the term “cannabis” throughout the Revised Code of Washington and requires the Liquor and Cannabis Board to use expedited rulemaking to replace the term “marijuana” with the term “cannabis” throughout Title 314 of the Washington Administrative Code. Clarifies that the term “marijuana” as used under federal law generally refers to the term “cannabis” used throughout the Revised Code of Washington.
  • Court/Clerk Awareness - “Marijuana” will be updated to “Cannabis” wherever located, including but not limited to:
    1. Bench Books
    2. Guide to Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records brochure will be updated and available on the Resources, Publications, and Reports page on the Washington Courts website.
    3. Laws containing the word “marijuana”. The list of law table changes can be found at the bottom of this answer.
    4. Pattern forms.  When the forms are published the Summary of Changes to Forms page on the Washington Courts website will be updated.
      • A list of pattern form changes can be found at the bottom of this answer.
      • The court should review any local forms for possible changes.
  • Effective - June 9, 2022, except as defined below:
    • Sec. 171. Sections 4, 8, 85, and 87 of this act expire July 1, 2023.
    • Sec. 172. Sections 5, 9, 86, and 88 of this act take effect July 1, 2023.
    • Sec. 173. Sections 64 and 67 of this act expire July 1, 2024.
    • Sec. 174. Sections 65 and 68 of this act take effect July 1, 2024.
    • Sec. 175. Section 10 of this act expires July 1, 2030.

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SHB 1286 – Psychology Interjurisdictional Compact

  • Bill # 1286
  • Summary – Creates psychology interjurisdictional compact to enhance access to services by allowing telepsychology and temporary in-person psychology practice across state lines in compact states; requires compact states to recognize the right of a psychologist licensed in a compact state to provide certain psychology services in other compact states; authorizes a compact state to take adverse action against a psychologist’s authority to practice in said state; allows compact states to seek relief in superior court to enforce subpoenas and other compact elements; and directs courts to take judicial notice of the compact and associated rules, to enforce the compact, and to take all actions needed to effectuate its purpose.
  • Court/Clerk Awareness – Subpoena and cause of action can be accomplished with existing superior court processes. No new cause of action is required.
  • Effective - Contingent (effective when 7th member state adopts)

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HB 1376 – Registration of Land Titles

  • Bill # 1376
  • Summary – Repeals Torrens Act (Chap 65.12 RCW), which created a registration system as an optional alternative to recording for determining title to real property; establishes end date for registration system; requires notice of discontinuance be given to registered owners of real property and for said owners to timely surrender duplicate certificates of title; permits owners to voluntarily withdraw from system before it ends and be restored to recording system; directs that property not voluntarily withdrawn will cease to be subject to the registration system after the end date; removes crimes of perjury, fraud, and forgery from chapter; and eliminates chapter provisions authorizing court involvement in quieting title.
  • Court/Clerk Awareness – Repeals two laws in Law Table:
    1. 65.12.750 Land Title Fraud/False Entries/Alteration
    2. 65.12.760 Land Title Forgery
  • Effective - 6/9/2022, except sections 3 and 5 (7/1/2023).  

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  • Bill # 1412
  • Summary – Gives judicial discretion, at any time, to waive, or reduce restitution, and the accrual of interest on restitution owed to an insurer or state agency (other than Labor and Industries crime victim compensation) if an individual does not have the current or future ability to pay. Revises time periods in which a judgment for non-restitution legal financial obligations can be enforced. Revises the standard of indigency. Allows a defendant to petition to remit, modify, or convert unpaid restitution or fines to community restitution hours if unable to pay, the failure was not willful, and payment would pose a manifest hardship, such as indigence. Allows court discretion to waive any restitution interest under RCW 10.82.090, after certain factors are considered and victim and offender input provided.
  • Court Impact – The RCW for the definition of indigent has changed from RCW 10.101.010(3)(a) through (d), to RCW 10.01.160(3).  LFO changes will require more options than currently available on the GR 39 Legal Financial Obligations forms and will require changes to the Motion and Order to waive LFOs and interest to reflect indigency as a factor.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms. 
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective – January 1, 2023

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SHB 1593 – Expanding Landlord Mitigation Program to Alleviate Financial Burden on Victims Attempting to Flee Domestic Violence, Sexual Assault, Unlawful Harassment, or Stalking

  • Bill # 1593
  • Summary – Removes some of the financial barriers to safely obtaining alternate housing by allowing qualified landlords to submit claims to mitigate certain losses when tenant terminates lease under victim protection provisions of Residential Landlord Tenant Act provided that the landlord satisfies specified conditions; and informs court processes by articulating conditions landlords must satisfy (e.g. timely accounting, returns deposit, waive claims exceeding amount of deposit) to qualify.
  • Effective – June 9, 2022, except sections 4 and 5 (effective July 1, 2022)

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ESHB 1630 – Establishing Restrictions on the Possession of Weapons in Certain Locations

  • Bill # 1630
  • Summary – Amends possession of dangerous weapons on school grounds (RCW 9.41.280) to include areas or facilities while being used for official meetings of a school board district of directors. Amends open carry of weapons prohibited on state capitol grounds (RCW 9.41.305) to restrict knowing possession of a firearm in local government buildings (city, town, or municipality) when used for a public or private meeting or hearing of the governing body. Adds a new section to RCW 9.41 that restricts knowingly carrying or possession of a firearm or dangerous weapon into election-related facilities which include the following: a ballot counting center, a voting center, a student engagement hub, or the county elections and voter registration office or areas of facilities while being used for these purposes. Defines what constitutes a dangerous weapon, which includes air guns, stun guns, devices used or intended to be used to injure a person by an electric shock or impulse, and spring blade knives.
  • Court/Clerk Knowledge – There is a new misdemeanor for first-time offense, and gross misdemeanor for subsequent convictions.
    1. The list of law table changes can be found at the bottom of this answer.
  • Court Impact –
    1. Convictions for restrictions on weapons in voting and school board facilities will result in a concealed pistol license ban and revocation for a period of three years.
      • The court must notify the Department of Licensing of the revocation.
    2. Pattern forms will be updated.
  • Effective – June 9, 2022

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ESHB 1705 – Concerning Ghost Guns (Untraceable)

  • Bill # 1705
  • Summary – Amends RCW 7.80.120 (Monetary penalties—Restitution) and creates a civil infraction with a maximum penalty of $500 for untraceable firearms, unfinished frames, or receivers and amends definitions included in RCW 9.41.010.  A new section is added to RCW 9.41 that restricts manufacture, assemble, or cause to be assembled of an untraceable firearm. Knowing or reckless possession, transportation, or receiving of an untraceable firearm is restricted after March 10, 2023. Knowing or reckless possession, transportation, or receiving an unfinished frame or receiver after March 10, 2023, unless (a) the person is a law enforcement agency or a federal firearms importer, federal firearms manufacturer, or federal firearms dealer; or (b) the unfinished frame or receiver has been imprinted with a serial number issued by a federal firearms importer, federal firearms manufacturer, or federal firearms dealer.
  • Court /Clerk Awareness – Adds two new civil infractions, two new misdemeanors and four gross misdemeanors.
  • Effective – July 1, 2022

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SHB 1747 – Supporting Relative Placements in Child Welfare Proceedings

  • Bill # 1747
  • Summary – Amends RCW 13.34.145, creating a new good cause exception to the filing of a petition to terminate parental rights if the department has not yet met with the caregiver for the child to discuss guardianship as an alternative to adoption, or the court has determined that guardianship is an appropriate permanent plan. If a child has lived with a foster parent or relative for more than six months, the court must instruct the department to discuss guardianship as a permanent option for the child, with the child's parents and caregiver as an alternative to termination of parental rights and adoption. No child who is placed with a relative or other suitable person may be moved, unless, pursuant to the criteria established in RCW 13.34.130, the court finds that a change in circumstances necessitates a change in placement.

Amends RCW 13.34.180, the court must consider the efforts taken by the department to support a guardianship and whether a guardianship is available as a permanent option for the child when considering an allegation that continuation of the parent and child relationship diminishes the child’s prospects for integration into a stable and permanent home.

Amends RCW 13.34.210, if a child no longer has a parent with parental rights, the department is given custody of the child and must find a placement. The placement standards outlined in RCW

13.34.130 continue to apply throughout the life of a case.

  • Court Impact:  Pattern form changes.  Potential Event/Docket code(s).
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms. 
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective – June 9, 2022

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SHB 1773 – Concerning Assisted Outpatient Treatment for Persons with Behavioral Health Disorders

  • Bill # 1773
  • Summary – Consolidates all assisted outpatient treatment (AOT) procedures under one subsection. Removes conservators as ones who can file a Joel’s Law petition; prosecutors are no longer required to review AOT petitions, effectuate service, or schedule AOT hearings. Requires AOC to create a separate petition and user guide for AOT matters.
  • Court Impact - Pattern form changes will be required which may result in new or amended Event/Docket code(s).
  • Maximum time limit for AOT orders increased from 90 days to 18 months; the court may order the full 18 months in initial order.
  • Identical procedures created for minors under chapter 71.34 RCW.
  • Courts are now required to schedule a hearing date three to seven days after the date of service or as agreed to by the parties; the hearing cannot be later than 30 days from service.
  • Clerks only have to report commitment hearings, rather than all involuntary commitment hearings.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms. 
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective – June 9, 2022; except sections 6, 13, 18, 24 (effective July 1, 2026), section 27 (effective October 1, 2022)

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ESHB 1793 – Electric Vehicles/HOAs

  • Bill # 1793
  • Summary – Specifies procedures for the installation of electric vehicle charging stations in common interest communities, including application and insurance requirements, and prohibits owners’ associations from unreasonably restricting their installation or use. Clarifies that unit owners are responsible for all costs.
  • Court/Clerk Knowledge - Establishes that an association that willfully violates the requirements is liable to the lot owner for actual damages and a civil penalty not to exceed $1,000.  Court shall award reasonable attorneys’ fees and costs in any action by a lot owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance.
    1. No new Civil Cause Codes will be added for these filings.  Please use the existing code MSC – Miscellaneous.
  • Effective – June 9, 2022

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E2SHB 1815 – Catalytic Converter Theft

  • Bill # 1815
  • Summary – Creates requirements for scrap metal business documentation and procedures regarding identification of items and sellers and allowable transaction types. Requires vehicle wreckers to maintain records regarding catalytic converter transactions. Facilitating the offer of used catalytic converters without verifying proof of ownership subjects a violator to damages as an unfair or deceptive practice under the Consumer Protection Act RCW 19.86. Metal property offenses under RCW 9A.56.410 are subject to $1000 fine per catalytic converter in addition to any fines imposed as part of the sentence; ten percent of funds to be directed to Washington Association of Sheriffs and Police Chiefs for grants funding development of a comprehensive plan targeting metal theft, best practices, and training under RCW 36.28A.240.
  • Court/Clerk Knowledge – The Metal property offenses under RCW 19.290.070 have been recodified under RCW 9A.56.410 due to this bill.  The list of law table changes can be found at the bottom of this answer. 
  • Court Impact – Effective July 1, 2022, Scrap Metal Violations are subject to an additional fine of $1,000 per converter.
  • Effective – Immediately (March 31, 2022), except section 4 (effective May 1, 2022) and sections 5-7 (effective July 1, .2022)

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2SHB 1818 – Promoting Successful Reentry and Rehabilitation of Persons Convicted of Criminal Offenses

  • Bill # 1818
  • Summary – Extends housing voucher program for persons released from state correctional facilities from three to six months. Requires the DOC to establish policies for prioritizing those individuals who are at risk of housing instability and homelessness. DOC supervision fee assessments are eliminated for those who are convicted of criminal offenses and are sentenced to a term of community custody.
  • Court Impact – Removes the clerk’s statutory authority to collect annual fees for unpaid legal financial obligations.
  • Effective – June 9, 2022, except section 8 (effective July 1, 2022)

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HB 1825 - Single Judge Courts

  • Bill # 1825
  • Summary – Establishes standards governing the designation, appointment, and authority of presiding judges pro tempore in single judge courts. Defines a “single judge court” as a court or judicial district that has only one judge.
  • Court/Clerk Knowledge –  If the presiding judge in a single judge court is unable to fulfill the duties of their office due to illness, incapacity, resignation, death, or unavailability, and either (1) no person has been previously designated by the presiding judge to serve as the presiding judge pro tempore; or (2) the previously designated presiding judge pro tempore resigns, is removed from office, or is no longer able to serve; then the Chief Justice may appoint another judicial officer or other qualifying person to serve as presiding judge pro tempore.
    1. Authorizes the Chief Justice to appoint a new presiding judge pro tempore to a single judge court to replace the predesignated or previously appointed presiding judge pro tempore whenever the Chief Justice determines the administration of justice would be better served by doing so. Changes will be made to the following pattern forms and published by the effective date:
    2. Requires the Chief Justice to consult with the local legislative and executive authorities before removing or appointing a presiding judge pro tempore for a single judge court.

A proposed court rule was published for comment at:  https://www.courts.wa.gov/court_rules/fa=court_rules.proposedRuleDisplay&ruleId=6000

  • Effective – June 9, 2022

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HB 1834 - Student Absences/Mental Health

  • Bill # 1834
  • Summary – Amends RCW 28A.300.046, directing OSPI starting the 2022–23 school year, to categorize student absences due to mental health reasons as excused absences. Directs OSPI to review current notices, consult with the graduation team partnership advisory committee, and a student advisory group, and to develop and publish guidelines to implement the student absence rules.
  • Effective – June 9, 2022  

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HB 1894 - Juvenile Diversion Period

  • Bill # 1894
  • Summary – Amends RCW 13.40.080 to allow the extension of juvenile diversion agreements beyond six-month cut-off at the request of the juvenile. Diversion agreement may be completed any time before an order terminating the agreement becomes effective.
  • Effective – June 9, 2022  

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SHB 1901 – Civil Protection Orders

  • Bill # 1901
  • Summary – Amends RCW 7.105, as the trailer bill to HB 1320 passed during the 2021 Legislative session. Adds coercive control to the definition of domestic violence. Removes municipal court jurisdiction for entry of protection orders.  Makes clarifications regarding information petitioners must provide regarding respondent’s possession of firearms, and notice and surrender requirements and procedures. Extends forms creation deadline for AOC to December 30, 2022. Clarifies circumstances in which personal service must be attempted, and circumstances under which electronic service is allowable, including role of law enforcement in attempting service. Addresses issues relating to confidential information form. Clarifies rebuttable presumption of including children in orders as well as processes for adding children following entry of final order via modification.
  • Court/Clerk Awareness
    1. Law enforcement members who are petitioners may participate remotely.
    2. Provides recommendations to courts in assisting parties in maintaining confidentiality of location during hearings.
    3. Clarifies sufficiency of notice when respondent appears for hearing and voluntarily leaves prior to conclusion of hearing.
    4. Directs law enforcement to assist in recovery of firearms, and standby in removal of personal items from residence.
    5. Directs individuals arrested in violation of a protection order (except for extreme risk protection orders) to appear before the court within one day to determine whether no-contact order or other conditions of pretrial release are needed. If not arrested individual has 14 days to appear. Appearances mandatory and cannot be waived.
    6. Clarifies if petitioner meets criteria for different order, the petitioner’s preference will be considered and judicial officers shall enter a temporary protection order and set for a hearing as appropriate under the law.
  • Court Impact -
    1. Requires courts to make print and digital information regarding calendars, transfer procedures and judicial officer assignments available to the public.
    2. Requires clerks to make available to judicial officers electronically any protection orders filed within the state and expands methods and time windows for filing of petitions.
    3. Removes requirement that children be referred to by only initials and birthday.
    4. Clarifies requirements for holding full hearing following ex parte requests for emergency relief, and time windows for petition amendments.
    5. Pattern form changes.  Potential Event/Docket code changes.
  • Effective – July 1, 2022 except sections 9 -14 (effectively immediately), section 47 (effective immediately), section 37 (effective July 1, 2023)

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HB 1927 – Legislative Service Leave

  • Bill # 1927
  • Summary – Requires a state or local government employer, upon request, to grant temporary leave to employees serving in the legislature without loss of job, job status, or seniority; leave is without pay unless the employee opts to use accrued paid leave; employee must give prior notice to employer.
  • Court/Clerk Awareness – Allows the employee to file a civil cause of action for reinstatement.
    1. No new Civil Cause Codes will be added for these filings.  Please use the existing code MSC – Miscellaneous.
  • Effective – June 9, 2022

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ESHB  2050- Parent Pay for Juvenile Detention

  • Bill # 2050
  • Summary - Repeals RCW 13.40.220 and RCW 13.16.085, removing requirements for parents, or other legally obligated individuals, to pay a portion of their gross income to cover costs associated with their child’s support, treatment, and confinement. Repeals courts ability to require parents or custodians to pay for a child’s detention.
  • Court/Clerk Awareness -
    1. Terminates all pending actions to recover these debts, including but not limited to tax refund intercepts, wage garnishments, payment plans, and bank account deductions, from effective date of bill.
    2. Renders all outstanding debts null and void and directs that they are to be considered paid in full.
    3. Requires recall or termination of any collection actions.
  • Effective – June 9, 2022.

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ESSB 5078 – Firearm Safety Measures to Increase Public Safety

  • Bill # 5078
  • Summary - Amends RCW 9.41.010 to include a definition of large capacity magazine as well as ammunition feeding device, tubular magazine, distribute, .22 caliber tube, and import. Definitions will be within new section 36 of RCW 9.41.010. Amends RCW 9.41.010 to include definitions of “distribute” and “import.” New section is added to RCW 9.41 (Firearms and dangerous weapons). A person may not manufacture, import, sell, or distribute a large capacity magazine. Violation is a gross misdemeanor.
  • Court/Clerk Awareness - New section is added to RCW 9.41. Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the Consumer Protection Act, RCW 19.86 (Unfair Business Practices-Consumer Protection).
    1. No new Civil Cause Codes will be added for these filings.  Please use the existing code MSC – Miscellaneous.
      1. A new gross misdemeanor is created for manufacture, import, distribute, sell, or offer for sale any large capacity magazines.
        • The list of law table changes can be found at the bottom of this answer. 

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ESSB 5531 – Revised Uniform Unclaimed Property Act

  • Bill # 5531
  • Summary – Creates Revised Uniform Unclaimed Property Act; clarifies when certain property presumed abandoned; requires holders of such property to deliver it to Department of Revenue (DOR); establishes procedures for DOR to take custody of such property and specifies what may be done with it; clarifies procedure for holders and apparent owners seeking to recover such property; modifies how long courts may retain property; and provides for administrative and judicial review of DOR decisions 
  • Court Impact - Provides for administrative and judicial review of Department of Revenue decisions.  The length of time the courts must hold unclaimed property is reduced from 2 years to 1 year. 
    1. Unclaimed Property jobs are being modified to locate cases that have been held for 1 year, instead of 2 years. The changes will be available for the 2023 Escheat Unclaimed Property time period.
    2. RCW 63.29.130 which allows the courts to retain and remit to the local city or county treasurer any overpayment amounts of $10 or less is repealed.  Beginning January 1, 2023 courts will no longer be able to retain any overpayments. 
  • Effective – January 1, 2023

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SSB 5548 – Child Custody Transfers

  • Bill # 5548
  • Summary – Adds a new chapter to RCW Title 26, Uniform Unregulated Child Custody Transfer Act. Prevents a parent or guardian from informally transferring custody of a child to another with the intent to abandon rights and responsibilities relating to the child except through certain channels: adoption, guardianship, judicial award of custody, via a child placement agency, through other tribal or judicial action, or when transferring a newborn to a qualified person. Does not apply to transfers to a parent, stepparent, an individual with whom the child has a strong existing relationship, a blood relative of the child, an Indian custodian, a member of a tribal customary family unit, or a designee under the Uniform Guardianship Act, RCW 11.130.145. Prohibits advertising of custody transfers by unlicensed or unauthorized persons or entities. Violation of the Act is a gross misdemeanor. Requires DCYF to investigate if reasonable basis to believe a violation has occurred.
  • Court Impact - Requires courts to consider promotion of uniform application of the law across the state when interpreting the Act. Act does not apply to Indian children under the Indian Child Welfare Act. Potential changes to pattern forms.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms. 
    2. A list of pattern form changes can be found at the bottom of this answer.
  • Effective – June 9, 2022

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ESSB 5628 – Concerning Cyber Harassment

  • Bill # 5628
  • Summary – Amends RCW 9.61.260, renames cyberstalking to cyber harassment, and creates new definition for cyberstalking. Cyber harassment is defined as a crime in which a person, with intent to harass or intimidate any other person, makes an electronic communication to that person or a third party. Cyber harassment includes a threat to kill; harassment towards a criminal justice participant or elected official performing their official duties or because of an action or decision made while performing their official duties; cyber harassment in violation of a protection order; the victim is cyberstalked to retaliate for an act the victim performed during the performance or to influence the victim’s official duties; the victim is a current, former, or prospective witness in an adjudicative proceeding, and the person cyberstalked to retaliate against the victim’s testimony or potential testimony. Reasonable person standard used to determine if a threat rises to the level of cyber harassment. RCW 9.61.260 includes new definitions of criminal justice participant and elected official. RCW 9A.90.030 includes definition of an electronic tracking device.
  • Court/Clerk Awareness - Cyber harassment is a gross misdemeanor, but rises to Class C felony level if the offender has been previously convicted for cyber harassment of the same victim, victim’s family, or household, cyber harasses another person by threatening to kill that person or third party, cyber harasses a criminal justice participant or election official who is performing their official duties or because of an action taken or decision made during the performance of their official duties, or commits cyber harassment in violation of a protection order. 
  1. New section is added to RCW 9A.90 (Cybercrimes) in which installation of an electronic tracking device without the person knowing and lack of consent is a gross misdemeanor if not a felony attempt of another crime.
    1. All current Cyberstalking laws will be end dated and the new Cyber Harassment laws will be added to the law tables.
    2. The list of law table changes can be found at the bottom of this answer. 
    3. A list of pattern form changes can be found at the bottom of this answer.

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2SSB 5664 – Forensic Competency Restoration Programs

  • Bill # 5664
  • Summary - In the context of chapter 10.77 RCW, this bill aligns performance targets for competency restoration services revised to provide minimum and maximum time limits with Trueblood v. DSHS. If a defendant is transferred from an outpatient program to an inpatient program, the treatment time must be reduced by the defendant’s active time in the previous outpatient program, not including any time the defendant was inactive in outpatient treatment. Provides that any party may request DSHS perform a competency check if the person remains in jail more than 21 days after service of the order so long as notice is sent to all parties. Adds an emergency clause stating the act takes effect immediately.
  • Court/Clerk Awareness – Changes will be made to the 10.77 RCW pattern forms.
    1. See the Summary of Changes to Forms page on the Washington Courts website for all changes to forms.
    2. A list of pattern form changes can be found at the bottom of this answer.

  Effective – June 9, 2022

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SB 5788 - Concerning Guardianship of Minors

  • Bill # 5788
  • Summary – The bill allows for the appointment of an emergency guardian upon a motion when a regular guardianship petition is filed (and changes references to reasonable notice to include notice of such a motion). Changes the findings required to appoint an emergency guardian. Instead of the second required finding of: "No other person appears to have authority and willingness to act in the circumstances" to "No other person appears to have authority, ability, and the willingness to act to prevent substantial harm to the minor's health, safety, or welfare." Formalizes the requirements for a qualifying will or "other record" that is offered as evidence of a parent's nomination of a guardian for a minor.
  • Court/Clerk Awareness -
    1. Changes the definition of a guardian ad litem to “a person appointed to inform the court about or to represent, the needs and best interests of a minor.”
    2. Amends RCW 13.04.030 to give concurrent original jurisdiction to juvenile court with the family or probate court over RCW 11.130 minor guardianship proceedings.
    3. Exempts RCW 11.130 minor guardianship cases from parenting seminar requirements.
  • Court Impact -
    1. Requires petitioners and parties to an RCW 11.130 minor guardianship case to file a confidential information form to ensure that the parties' information is added to the judicial information system's person database.  Significant changes to JIS, SCOMIS, and Odyssey to require well-identified parties for minor guardianship cases. 
    2. Adds the requirement that before issuing a final custody order, the court must direct DCYF to release information on all proposed guardians and adult members of a proposed guardian’s household. Requires the petitioner to provide criminal background check on a proposed guardian and all adult members of proposed guardian’s household.
    3. Amends RCW 11.130.085 to state that the courts may not be able to access databases to verify disclosures. The parties are responsible for accuracy of disclosed information and not the courts.
    4. Potential changes to pattern forms. Potential Event/Docket code changes.
  • Effective – June 9, 2022, except section 4, which is effective January 1, 2023

File Attachments:  2022 Legislative Law Table Impacts codified.pdf (446.92 KB), Microsoft Word document 2022 Legislative Forms Impacts.docx (27.42 KB)

 

RN: 2561