What JIS and SCOMIS changes were made for 2007 legislation for superior courts?  What action does our court need to take?


Several 2007 legislative bills required changes to JIS or documentation. (See Washington State Legislature/Bill Information.)


This answer contains:

  • A brief description of each bill and a link to the complete text of the bill on the Washington State Legislature's Website.
  • A summary of the JIS changes for that bill.
  • Related links to the updated documentation in the JIS and SCOMIS Online Manuals and/or the SCOMIS Codes Manual, and/or to other eService Answers.


You may scroll down through this answer to see explanations of the changes, or click on a topic link below to skip directly to the explanation for that change:

  1. HB 1994 - Overpayments Received by Courts
  2. SSB 6100 - Pre-Trial Supervision Costs
  3. HB 1008 - Protection of Vulnerable Adults
  4. HB 1437 - Sexual Assault Protection Orders
  5. SSB 5320 - Office of Public Guardianship
  6. SSB 5718 - Commercial Sexual Abuse of Minors
  7. SSB 5190 - Expanding Collections Authority
  8. HB 2034 - Providing a Civil Cause of Action for Victims of Motor Vehicle Theft
  9. SHB 1555 - Eligibility for Sexual Assault Protection Orders
  10. SSHB 1009 - Child Support Schedule â Periodic Review
  11. SSSB 5470 - Dissolution Proceedings
  12. HB 1431 - Certificate of Discharge
  13. HB 1624 - Child Welfare - Parental Rights (added 7/31/07)

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1. Overpayments Received by Courts

  • HB 1994 (Ch 183, Laws 2007) amended RCW 63.29.130.
  • The law allows courts to retain overpayments of $10.00 or less.
  • * Beginning 7/22/2007, courts may establish an overpayment threshold amount for the court on the Court Profile Maintenance (CPFM) screen in the Remit overpayments of $xx.xx and under to the Treasurer field.
  • See also: Court Profile Maintenance in the JIS Online Manual has been updated.


2. Pre-Trial Supervision Costs

  • SSB 6100 (Ch 367, Laws 2007) amended RCW 10.01.160.
  • The law authorized the court to impose costs for pre-trial supervision, not to exceed $150.
  • A new JRS transaction code will be implemented in the near future for costs that are imposed and collected before sentencing. Until then, courts should use another 100% local transaction code that they are not using for other purposes. See the JRS Transaction Codes section to review the available transaction codes.
  • A new A/R Type Code PSS (Pre-Trial Supervision-SC AR) has been added for Case Types 1 and 8. Use the PSS code on the Create A/R screen if the costs are imposed at time of sentencing.
  • The following sections of the JRS/JIS Code Manual for Superior Courts have been updated:

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3. Protection of Vulnerable Adults

  • ESHB 1008 (Ch 312, Laws 2007) amended RCW 74.34.110.
  • An interested person may petition the court for an order for protection for a vulnerable adult. The petition filed by an interested person must include a statement of why the petitioner qualifies as an interested person.
  • New pattern forms and instructions are being developed by the Administrative Office of the Courts (AOC), and standardized forms must be used after October 1, 2007. Court clerk's offices are required to make standardized forms and instructions available within 90 days of receipt from the AOC. The AOC will distribute standardized forms to all superior, district, and municipal courts.
  • Assistance or information provided by clerks or court facilitators in the process of completing these forms does not constitute the practice of law.
  • The vulnerable adult must receive notice of the petition and hearing if filed by an interested person.
  • For petitions for protection of vulnerable adults:
    • No filing fee may be charged to the petitioner.
    • Standard forms and written instructions shall be provided free of charge.
  • See also: JRS Transaction Codes in the JRS/JIS Code Manual for Superior Courts.

4.  Sexual Assault Protection Orders

  • HB 1437 (Ch 55, Laws 2007) created a new section in RCW 7.90.
  • No filing fees may be charged to petitioners.
  • No service of process fees may be charged.
  • Certified copies shall be provided at no cost.
  • See also: JRS Transaction Codes in the JRS/JIS Code Manual for Superior Courts.


5.  Office of Public Guardianship

  • SSB 5320 (Ch 364, Laws 2007) added a new chapter to Title 2 RCW.
  • AOC to establish Office of Public Guardianship; the Supreme Court to appoint a public guardian administrator.
  • The public guardian administrator will contract with certified professional guardians to provide guardianship services to incapacitated persons who do not have the ability to pay for such services.
  • Two counties will be chosen for the pilot program and will see an increase in guardianship filings. Costs, other than guardian fees, will be borne by the local courts.
  • For guardianship petitions in which an incapacitated person is receiving public guardianship services:
    • No filing fee shall be charged.
    • Court costs shall be waived.
  • See also: JRS Transaction Codes in the JRS/JIS Code Manual for Superior Courts.


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6.  Commercial Sexual Abuse of Minors

  • SSB 5718 (Ch 368, Laws 2007) amended RCW 9.68A.105.
  • The law defines commercial sexual abuse of a minor and provides for an additional one-year enhancement to the standard sentence range for applicable felony crimes.
  • The felony plea and sentencing forms will be amended to include new sentencing enhancement.
  • The law increased the Prostitution Prevention and Intervention (PRP) A/R Type Code from $250 to $550.
  • See also: A/R Type Codes in the JRS/JIS Code Manual for Superior Courts.


7.  Expanding Collections Authority

  • SSB 5190 (Ch 91, Laws 2007) amended RCW 72.09.480.
  • The law allows county clerks and restitution recipients to take collection action against inmates' moneys, assets, and property, including settlements or awards.
  • The law also amended RCW 70.58.107 to exempt county clerks or courts in Washington State from being charged a fee for certified copies of a death certificate to be used to extinguish an offender's legal financial obligation.
  • See also: LFO Billing Procedures in the JIS Online Manual.


CHANGES IN SCOMIS


8.  Providing a Civil Cause of Action for Victims of Motor Vehicle Theft

  • HB 2034 (Ch 393, Laws 2007) amended RCW 46.20.291, created a new section in RCW 9A.56.
  • A victim of one of the four car theft statues may file a civil action against the perpetrator for damages, civil damages up to $5,000, plus the costs of the suit including reasonable attorneys' fees.
  • The Department of Licensing shall suspend the driver's license of a defendant until the court ordered monetary obligation is paid in full, or payment plan is made.
  • The Cause Codes section of the SCOMIS Code Manual is being updated to include the Cause Code VVT (Victims of Vehicle Theft Civil Actions) under Case Type 2.
  • Clerks will notify the Department of Licensing in those cases where suspension of driver's license is appropriate.


 9. Eligibility for Sexual Assault Protection Orders


10.  Child Support Schedule Periodic Review

  • SSHB 1009 (Ch 313, Laws 2007) amended RCW 26.09.173, 26.10.195, 26.18.210, and 26.19.025; adding a new section to chapter 26.19 RCW.
  • The AOC has revised the child support worksheets to include the order summary report based upon data required by the Department of Social and Health Services Division of Child Support to perform quadrennial review of the Washington State Child Support Guidelines.
  • The Child Support Order Summary Report must be included at the top of the first page of the Washington State Child Support Worksheets but is not considered part of the worksheet.
  • The clerk must forward all child support worksheets filed with the court to the Division of Child Support on a monthly basis, rather than forwarding them to AOC.


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 11.  Dissolution Proceedings

  • SSSB 5470 (Ch 496, Laws 2007).
  • Courts must check judicial information systems and databases before entering permanent parenting plans.
  • The Docket Codes section of the SCOMIS Code Manual has been updated to include the RTSR-Residential Time Summary Report. This document must be filed with the clerk to provide summary information in every case in which residential time with children is established or modified. The clerk must forward the document to the Division of Child Support on a monthly basis.
  • After July 1, 2009, but no later than November 1, 2009, a county may create a program to provide services to all parties involved in proceedings under RCW 26.09 (Dissolution of Marriage â Legal Separation). To pay the expenses of this program, the legislative authority of a county may impose user fees or a surcharge of up to $20, or both, for cases filed under this statute. New JRS transaction codes will be developed if the program is implemented. Fees collected for this purpose are to be maintained in a separate account. The program will provide services to indigent persons at no cost.
  • The handbook created by the AOC pertaining to rights and responsibilities of marital partners to each other and to any children born during the marriage must be provided to the petitioner upon filing a petition for dissolution of marriage, and to the respondent when the respondent appears or joins in the proceedings. AOC will reimburse counties for each handbook distributed directly to family law parties, provided the county submits documentation of the number of handbooks distributed on an annual basis.


 12.  Certificate of Discharge

  • HB 1431 (Ch 171, Laws 2007) amended RCW 9.94A.637 and 9.96.050.
  • Every signed certificate of discharge shall be filed with the county clerk of the sentencing county.
  • A copy of every signed certificate and order of discharge must be sent to the Department of Corrections for offender sentences under its authority, rather than the county auditor.
  • The clerk shall enter the names of all discharged felons into a database maintained by AOC, and include the date of discharge, and the date of conviction and offense.


13. Child Welfare - Parental Rights

  • HB 1624 (Ch 413, Laws 2007).
  • Established a procedure under RCW 13.34 for reinstatement of parental rights in limited circumstances.
  • The action is commenced by the filing of a petition by a child 12 years old or older who has been legally free for at least three years and whose permanency plan has not been achieved.
  • The previously terminated parent's apparent fitness and interest are determined at a threshold hearing held prior to a hearing on the merits.
  • If reinstatement is in the child's best interest, the petition shall be conditionally granted for a period of six months during which time DSHS will provide appropriate transition services.
  • The paramount consideration for the court is the health, welfare, and safety of the child.
  • The reinstatement of parental rights action is a separate action and does not vacate the original termination proceeding.
  • Reinstatement of Parental Rights actions are commenced in JIS by using the CIVA Civil Case Filing Add screen and the new Cause code RPR (Reinstatement of Parental Rights) created in SCOMIS for Case Type 7. CIVA will: (1) create an automatic JD dependency referral with an appropriate reinstatement of parental rights referral reason based on the new cause, or (2) determine the appropriate CIVA cause when an existing appropriate referral is referenced in the command StID field.
  • Upon filing, the new Docket code PTRTPR (Petition for Reinstatement of Parental Rights) will be automatically entered in the SCOMIS Case Docket.
  • The second SCOMIS docket code created by this legislation is ORRPR (Order Reinstating Parental Rights).
  • For JCS, the new docket code ORRPR (Order Reinstating Parental Rights) will create a tracking entry in JCS. New disposition codes have been added to JCS:
    • Reinstatement of Parental Rights
    • Reinstatement of Mother's Rights
    • Reinstatement of Father's Rights
  • For more information on these codes, see the JCS Referral Codes Worksheet.
  • Under the Juvenile Court Forms heading on the Court Forms Web site, there are seven new Termination of Parent-Child Relationship court forms for this legislation. 


See also:


RN id: 1779