TRUANCY MANUAL 2014-2015

Transcription

2014-2015
TRUANCY
MANUAL
YAKIMA COUNTY JUVENILE COURT
Yakima County Juvenile Court
2014-2015
Table of Contents
THE BECCA LAW
3
THE SCHOOL’S OBLIGATION UNDER THE BECCA LAW
3
IF THE SCHOOL’S EFFORTS ARE UNSUCCESSFUL
4
RULES OF FILING ORIGINAL DOCUMENTS AT THE CLERK’S OFFICE
4
TRUANCY COURT ORDERS
4
CONTACT INFORMATION
5
REQUEST FOR INTERPRETER SERVICE
5
APPOINTMENT OF ATTORNEYS
5
AGREED TRUANCY PETITIONS ~ AGREED ORDERS TO ATTEND
5
TRUANCY PETITIONS
6
SUBMITTING ATTENDANCE RECORDS
8
AT THE PETITION HEARING
9
PROGRESS REPORT
9
CONTEMPT HEARINGS
9
AT THE CONTEMPT HEARING
11
PURGE HEARINGS
11
ORDER DISMISSING TRUANCY ACTION
12
DETENTION HEARINGS
12
QUASHING WARRANTS ~ JUVENILE COURT PROCESS
12
WHEN A STUDENT MOVES
13
WHEN A STUDENT TURNS 18
13
AT-RISK YOUTH (ARY) INFORMATION
14
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THE BECCA LAW
Washington State’s truancy law often termed “the Becca Bill” is intended to stop truancy before
it becomes a problem. It requires that students attend school; and if they do not, then the school
takes action.
What is an unexcused absence? “Unexcused absence” means that the student has missed most
of a school day or has failed to comply with a more restrictive school district policy, and the
student’s absence is not excused under the school district’s policy. RCW 28A.225.020, WAC
392.400.325
How many unexcused absences can a student have before the court gets involved? A school
may file a petition for a student who has had any unexcused absences. Depending on the
circumstances, a school must file a petition if the student has had 5, 7, or 10 unexcused absences.
Is there a minimum age for a child before a truancy action can be initiated? A truancy
action can be initiated on behalf of an enrolled child as young as six. RCW 28A.225.015 For
students under eight a petition may only be filed against a parent.
Please remember that if you file A TRUANCY PETITION on a child under eight years old,
the petition is AGAINST THE parent only. If the school wants sanctions against the child
the school will need to file an amended petition, using the same cause number adding the child
to the case.
Can a parent be held responsible for their child's truancy? Yes. Parents are required to cause
their children (from age eight to eighteen) to attend school. If the parent does not assist their
children, then the parent can be sentenced to community service hours or fines. RCW
28A.225.010.
What is the maximum age to file a truancy petition on a student? The maximum age of a
child at which a school district may be legally required to file a truancy petition has lowered
from 17 to 16 years of age. Court jurisdiction is not required to terminate when a child turns 17,
nor is a school district precluded from filing a truancy petition.
THE SCHOOL’S OBLIGATIONS UNDER THE BECCA LAW
If a student required to attend school fails to attend school without valid justification, the school
in which the student is enrolled shall (RCW 28A.225.020):
(a)
If the student has more than one unexcused absence in a month, inform the student’s
custodial parent or guardian in writing or by telephone. Also, inform the parent of the
potential consequences of additional unexcused absences;
(b)
If the student has more than two unexcused absences in month, schedule a conference
with the custodial parent/guardian and student to analyze the causes of the absences
(c)
Take steps to eliminate or reduce the student’s absences. These steps shall include, where
appropriate, adjusting the student’s school program or course assignment, providing more
individualized or remedial instruction, or assisting the parent or student to obtain
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supplementary services that might eliminate the cause or causes for the absences from
school. If the student’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 student’s absence.
IF THE SCHOOL’S EFFORTS ARE UNSUCCESSFUL
If informal steps taken by a school are not successful in substantially reducing an enrolled
student’s absences, and the student has 5 unexcused absences in a month or 10 in a school year,
then the school must file a truancy petition. RCW 28A.225.030
RULES OF FILING OF ORIGINAL DOCUMENTS AT THE CLERK’S OFFICE
Due to archiving and scanning requirements, all documents including school records must
be:
 Single sided
 Only black ink
 No highlighting
 All mail submitted to the clerk must be mailed flat with no staples
 Legible
Forms for truancy cases are available at: http://www.yakimacounty.us/truancy/default.html
TRUANCY COURT ORDERS:
Request for Interpreter Services (A)
Agreed Petition Regarding Truancy (B)
Agreed Order to Attend School (C)
Petition Regarding Truancy (D)
Notice of Truancy Petition Hearing (E)
Affidavit of Certified Mailing (F)
Progress Report and Follow-up (G)
Motion and Order for Truancy Contempt Hearing (H)
Notice of Substitution (I)
Order Dismissing Truancy Action (J)
Juvenile Court Becca Coordinator
Don Loen
1728 Jerome Ave
Yakima, WA 98902
[email protected]
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CONTACT INFORMATION
Truancy Website
http://www.yakimacounty.us/truancy/default.html
Truancy Forms Link
http://www.yakimacounty.us/truancy/forms.html
Juvenile Court Truancy Prosecutor
[email protected]
REQUEST FOR INTERPRETER SERVICES
If an interpreter is needed for court, please complete the Request for Interpreter Services form
(Attachment A) that has been provided on the county website for court orders. This form is to
accompany the truancy petition, and will stay on file for any future court dates for the family. An
interpreter will only be provided when this form has been filed; if form has not been filed prior to
hearing date the case will be continued.
APPOINTMENT OF ATTORNEYS
The School district will be represented by the Yakima County Prosecutor.
Parents are not entitled to an attorney appointed at public expense to represent them, but they
may hire private counsel if they wish. Most parents represent themselves in truancy court.
Students are not entitled to an attorney appointed at public expense for the initial Petition
hearing. In rare cases the court may decide to appoint an attorney for a student for a Petition
hearing.
If the court orders the student to attend school at the Petition hearing, then failure to comply may
result in a motion being filed for a hearing to hold the student in contempt. If such a motion is
filed and there is a possibility of being ordered into juvenile detention, then an attorney will be
appointed to represent the student in the Contempt hearing. Any time a student is appointed an
attorney, the student must contact the attorney and arrange to meet and prepare before the day of
court.
AGREED TRUANCY PETITIONS ~ AGREED ORDER TO ATTEND
Agreed Truancy Petitions are the initial phase of truancy proceedings at the school level. If the
student and parent/guardian(s) agree that there have been some unexcused absences, and that the
court should enter an order to attend school, then NO court hearing is necessary, and this
simplified process can be used at the school level;
1.
The school, student and parent/guardian(s) meet to fill out the Agreed Truancy Petition,
(Attachment B) and the Agreed Order to Attend School, (Attachment C) and Request for
Interpreter Services if needed.(Attachment A)
•
The school district must provide a fax number at the top of each petition
for the Clerk’s office.
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•
2.
One Parent/Guardian has to be present to sign the orders.
File the original petition with the:
Attn: Prosecutors Office
1728 Jerome Ave
Yakima WA 98902
The prosecutor will review the paperwork and submit to the clerk for a cause number. The clerk
will submit the paperwork for the commissioner to sign the agreed orders.
3.
The clerk will fax a copy back to the school district. The school district is responsible for
mailing copies to the parent/guardian and student.
The agreed order takes the place of the usual petition hearing. It will free up court time for the
more difficult truancy cases. If after entry of the agreed order, there are additional unexcused
absences, the school district may begin the contempt process.
TRUANCY PETITIONS
When the school’s efforts are unsuccessful in obtaining the agreed Order to Attend; the school
District will file a Truancy petition. The school alleges that the student has had unexcused
absences, and despite efforts by the school, the student’s absences continue without substantial
reduction.
Note: It is very important the school district contact the Becca Coordinator to check
if there is another truancy petition on record before filing.
1. When filing a new truancy petition, the school must:
a. Complete the Truancy Petition (Attachment D) and Notice of Truancy Petition Hearing
(Attachment E)
•
The school district must provide a fax number at the top of each petition
for the Clerk’s office.
b. Complete the Request for Interpreter Services (Attachment A) form if needed.
c. Attach copies of attendance records.
•
The school may ask the court to impose fines on parents who fail to
encourage their children to attend school. The school may also ask that a
student be ordered to participate in substance abuse testing or treatment.
Those requests must be stated in the petition.
2. File original petition with the:
Attn: Prosecutor’s Office
1728 Jerome Ave.
Yakima, WA 98902
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The prosecutor will review the petition and notice of hearing, and send to the Clerk’s office for
processing. Petitions with inadequate information will be returned to the school for correction
with an explanation.
When the clerk receives the petition: They will assign a cause number and set it for a hearing. It
will be faxed to the school district.
Once the school receives their confirmed fax from the Clerk’s office they will prepare two
copies. Juvenile Court is not responsible for distributing copies.
3. The school will deliver 1copy of the Truancy Petition to the Student; and 1 copy of the
Petition to the Parent/Guardian.
The FIRST ATTEMPT can be either regular mail or certified return receipt mail, followed
by a process server, if needed.
Service by Regular Mail: The school may serve the Petition and Notice of Truancy Petition
Hearing on the student and parent/guardian by regular mail.
At the court hearing if the student and parent/guardian appear for court, the school’s Petition
will be considered.
If the parent/guardian and student do not appear, the Court will sign an Order Rescheduling
Petition Hearing so the school can arrange a more formal delivery of the Petition and Order.
The RCW requires, at the minimum, certified mail with a return receipt in order for the Court
to establish that proper service was given to both the student and the parent/guardian.
If proper service was not provided, the Court will not review the petition.
Service by Certified Mail, Returned Receipt Requested
The school may serve the Petition and Notice of Truancy Petition Hearing on the student and
parent/guardian by certified mail, return receipt requested. The School must document the
certified mailing, by filling out the Affidavit of Certified Mailing form, (Attachment F)
detailing the date of delivery and return receipt, and submit to the clerk for filing.
Attn: Clerks Office
1728 Jerome Ave
Yakima, WA. 98902
At the reschedule hearing, regardless of whether the student or parent/guardian appear, the Court
may consider entering the Order to Attend School. If the school has filed documentation with
the Court regarding proper service (complete with return receipt), the Court may enter a default
Order to Attend School.
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If the certified mail, return receipt requested was not successful in serving papers the school can
come to the scheduled court hearing and ask to have the hearing rescheduled to attempt personal
service.
RCW 28A.225.030(5) states that 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.
Personal Service: If the student and parent/guardian do not appear after certified mail was
attempted, the school will leave court with an Order Rescheduling Petition Hearing. The
school will need to hire a process server who understands how to properly serve court papers.
(Do not use a school employee because the school is a party to this case.) Have the process
server serve the (original) Petition and Order Rescheduling Petition Hearing on the student
and parent/guardian at least 5 court days before the hearing. The process server will bring
back a Proof of Service document. File the Proof of Service document with the Court
Clerk. (see address above for Clerk)
At the rescheduled hearing, regardless of whether the student or parent/guardian appear, the
Court may consider entering an Order to Attend School. If the school has filed documentation
with the Court regarding proper service, the Court may enter a default Order to Attend School.
If the process server was not successful in serving papers timely, the school can come to the
scheduled court hearing and ask to have the hearing rescheduled again to allow further service of
process attempts.
4. The school district will need to keep a copy of all court documents for their records.
SUBMITTING ATTENDANCE RECORDS
This applies to both petition and contempt hearings
The clerk will prepare daily calendars showing the cases which are scheduled for hearing. The
clerk will forward that calendar to the Truancy prosecutor, who will forward the email to each
school district’s designated Becca coordinator.
The School district Becca coordinators are responsible for contacting the school of each student
to assure updated attendance records are sent in by noon on the Friday before the court hearing.
Updated attendance records are required for all truancy hearings. They can be sent by email
[email protected], or mailed via Next Day US Postal service.
**Please remember that if attendance records are not
submitted by noon on the Friday before the court hearing, it
could be continued**
The Truancy prosecutor will print three copies of the attendance records: for the truancy
prosecutor, for defense counsel, and for the judge/court commissioner.
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AT THE PETITION HEARING
The school district’s designated Becca coordinator is responsible for determining which school
employee will appear at court hearings. The school employee will be assisted in court by the
Truancy prosecutor. The student and parent must attend.
At the petition hearing, after the court has heard from the parties, the court will decide whether
the petition will be granted.
Agreed cases: When a family agrees that the student has had unexcused absences, the court will
sign an order requiring the student to attend school and possibly order substance abuse testing for
the student.
Contested cases: If a case is disputed but can be resolved by brief testimony, the hearing will
proceed and be completed the same day. Otherwise, the case can be postponed to another day in
which it can be given more time.
The truancy prosecutor fills out the resulting court order and hands it to the Becca staff person to
circulate for signatures.
PROGRESS REPORT
In every case in which an Order to Attend School has been entered, the school district must
prepare and file periodic reports showing any additional unexcused absences, actions taken by
the school district, and an update on the child’s academic status. This applies whether the Order
was entered by agreement or otherwise. Use the Progress Report form. (Attachment G) The first
report is due within 90 days after the Order to Attend was entered. Additional reports are due
each 12 months thereafter until the case is dismissed. File the reports with the clerk, and mail
copies to the parent and the student’s attorney (or if the student does not have an attorney then to
the student). *The Progress Reports must follow the rules for filing original document with the
clerk’s office (see page 4).
Attn: Clerks Office
1728 Jerome Ave
Yakima, WA. 98902
The new state law does not include an exception for truancy cases which were filed in past years.
It does require that we follow this new procedure for any truancy cases in which an Order to
Attend was entered (unless the case has been dismissed by later court order). Even on older
cases, the school must have filed a Progress Report within the last year before it files a Motion
and Order for Contempt Hearing.
CONTEMPT HEARINGS
Before a School District may file a contempt packet, the school must submit a Progress Report to
the court. (See attachment G)
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If a student has been ordered to attend school, but continues to have unexcused absences, the
school may ask the court to schedule a contempt hearing to consider imposing consequences.
1. When filing a contempt, the school must:
•
•
•
•
Complete the Motion and Order for Truancy Contempt Hearing (Attachment H)
using current contact information for the student and parents so the defense
attorney will be able to contact their client.
The school district must provide a fax number at the top of each petition for the
Clerk’s office.
Attach copies of attendance records.
A Progress Report form must have been filed within the past year.
2. File original contempt motion with the:
Attn: Prosecutor’s Office
1728 Jerome Ave.
Yakima, WA 98902
The Truancy prosecutor will review the motion and send to the Clerk’s office for processing.
Petitions with inadequate information will be returned to the school for corrections, with an
explanation.
The clerk will schedule the contempt hearing, have the order signed by a judge and fax a copy to
the school district.
3. Once the school receives the fax from the Clerk’s office:
a. Mail one copy to the:
Attn: Becca Coordinator
1728 Jerome Ave.
Yakima, WA 98902
b. Mail one copy to the student’s attorney:
Yakima County Juvenile Court,
Attn: Dept. of Assigned Counsel
1728 Jerome Ave
Yakima, WA 98902
c. The school will hire a process server to serve the Motion and Order on the
student and parent/guardian. (Do not use a school employee because the school is a
party to this case.) Have the process server serve the Motion and Order on the student
and parent/guardian at least 5 court days before the hearing. The process server will
bring you back a Proof of Service document. File the original Proof of Service with
the clerk.
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4. The school must submit updated attendance records no later than 48 hours before the hearing
to the Truancy prosecutor. Updated attendance records are required for all truancy hearings.
5. At the contempt hearing the court can consider entering a bench warrant (for a student or
parent/guardian who does not appear) or find a party in contempt. Or, if the process server
was not successful in serving papers timely, the school can come to the scheduled court
hearing and ask to have the hearing rescheduled to allow further service of process attempts.
AT THE CONTEMPT HEARING
Prior to the contempt hearing, the truancy prosecutor, the student’s attorney and the school
representative may meet to discuss the case to determine whether some or all of the facts are
agreed.
On the day of court, if the order was timely served on the student and parent and they do not
appear, the school can request a warrant. If the order was not timely served, the court can
reschedule the hearing to allow for service of process attempts.
The case will be presented to the court for fact-finding on any still-disputed facts, and for
disposition.
If the court finds that the student did violate the order to attend school, the student can be ordered
to do community service hours or could be sentenced to detention or other consequences.
If the court finds that the parent did not make reasonable efforts to cause their child to attend
school, the parent/guardian can be sentenced to community service hours and/or fined $25 for
each day of unexcused absence. Often the fines are initially suspended to give the parent a
chance to improve their efforts.
If a hearing is likely to be contested, it will be rescheduled for a contested hearing.
PURGE HEARINGS
If a student is found to have violated a court order, the student might be given an opportunity to
purge the contempt by having excellent attendance for a period of time, by attending after-school
educational activities, or by other acts.
If a parent is found to have violated a court order, the parent might be given a chance to purge
the contempt by doing a better job of helping their student to attend.
The court will usually schedule a purge hearing for the family, to verify that the student or
parent/guardian has successfully purged the contempt, or if not then to impose other
consequences.
Purge hearings are also possible whenever a student actually begins serving time in detention.
The student will be assigned a writing project, and after discussing that completed project with
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the court the student can be released early if the court is persuaded that the student will attend
school in the future.
ORDER DISMISSING TRUANCY ACTION
When filing an Order Dismissing Truancy, the school needs to:
1.
2.
Complete the Order Dismissing Truancy Action (see attachment J)
Please type your fax number in the box provided in the top right corner. (or you may not
receive your copy)
Sign and mail to:
Attn: Becca Coordinator
1728 Jerome Ave
Yakima, WA 98902
3.
After the Judge/Commissioner signs the original order
•
•
•
A copy will be faxed to you for your records.
Mail copies to the student and parent/guardian
A copy will be placed in the social file for juvenile court records
DETENTION HEARINGS
If a student is arrested on a warrant, for failing to appear they will be booked into the Yakima
County Juvenile Justice Center. A detention hearing will be held within 24 hours (excluding
weekends and holidays). The court judge/commissioner will review the court file to verify that
there is a basis for the warrant and explain to the student why the warrant was issued. The court
will review bail and re-set the missed court hearing.
If an adult is arrested on a warrant, a juvenile court staff person will be notified by the Yakima
County Jail or by e-mail from clerical. A detention hearing will be held within 24 hours
(excluding weekends and holidays). The judge/court commissioner will review the court file to
verify that there is a basis for the warrant and explain to the parent or guardian why the warrant
was issued. The court will review bail and re-set the missed court hearing.
Typically, the school district is not notified or present for these detention hearings.
A juvenile court staff person will notify all parties of the new hearing date and time.
QUASHING WARRANTS ~ JUVENILE COURT PROCESS
If a warrant has been issued for the arrest of a party, that person may voluntarily come to court
before being arrested and ask the court to quash the warrant. Usually the court will quash the
warrant and reset the court hearing.
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WHEN A STUDENT MOVES
After the truancy petition has been filed, if the student moves to a different school district in
Yakima County, the existing court case is handed off to the new school district. The original
school district fills in a Notice of Substitution (see attachment I), signs off, and delivers it to the
new school or school district. The new district files the Notice with the court clerk.
If the student moves to a new county in Washington State, the original school district should
notify the new school of the existing Yakima County case. Upon request, the court will transfer
the court case to the new county.
If the student moves permanently out of state, this court process no longer applies to the student
and the case can be dismissed.
WHEN A STUDENT TURNS 18
When a student reaches age eighteen, or graduates, or receives a GED, the court no longer has
jurisdiction, and the truancy case will be dismissed and Juvenile Court will destroy the social
file.
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AT-RISK YOUTH (ARY)
If the school perceives that a student's truancy is caused by a parent or guardian’s general
inability to control their student’s behavior, the school may want to consider referring the
parent/guardian to the Department of Social and Health Services (DSHS) for help under the AtRisk Youth (ARY) laws (also known as the Family Reconciliation Act, (RCW 13.32A). The
goal of the ARY laws is to maintain families intact wherever possible, with support from DSHS
or the court system.
The Department can make referrals for helpful services, and assist parents/guardians in filing an
ARY petition. If an ARY petition is granted by the court, the youth will be ordered to follow
parent/guardian rules and curfew, go to school, etc. A youth who violates an ARY order can be
sentenced to community service hours or detention.
Parents/guardian can request this type of service by contacting the Department of Social and
Health Services by calling 1-800-557-9671. Parents/guardian should request to speak to the
Family Reconciliation Social Worker. The worker will help prepare a Family Assessment.
Purpose: To obtain assistance and support from the juvenile court in maintaining the care,
custody and control of the child and to assist in the resolution of family conflict, after
alternatives to court intervention have been attempted.
Definition: An at-risk youth is defined by statute as a child under the age of 18 who meets at
least one of the following three requirements:
1.
2.
3.
Is absent from home for at least 72 consecutive hours without parental consent; or
Is beyond parental control such that his/her behavior endangers the health, safety, or
welfare of the child or any other person; or
Has a substance abuse problem for which there are no pending criminal charges relating
to the substance abuse.
Who May File: Only the parent of the child may file the ARY petition. "Parent" is defined as
the person(s) having legal right to custody of the child and includes custodian or guardian. The
ARY proceeding is a voluntary process and a parent may request a dismissal at any time.
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Attachment A
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
EN LA CORTE SUPERIOR DEL ESTADO DE WASHINGTON
IN AND FOR YAKIMA COUNTY
EN Y POR EL CONDADO DE YAKIMA
Petitioner,
Solicitante
Vs.
Respondent.
Demandado
I,
Por la presente, yo
Spanish)
(Ejemplo: Español)
DATED this
FECHADO este día
,)
)
)
)
)
)
,)
)
)
)
NO.
Número
REQUEST FOR
INTERPRETER SERVICES
PETICIÓN DE
SERVICIOS DE INTÉRPRETE
NEXT HEARING DATE (IF SCHEDULED):
, hereby request the services of an Interpreter for
, pido los servicios de Intérprete para el
language in all court hearings under this cause number. (example:
idioma en todas las audiencias debajo este numero de caso.
day of
de
, 20
_, 20
.
.
(Signature)
(Firma)
FULL NAME:
NOMBRE COMPLETO:
MAILING ADDRESS:
DOMICILIO:
DATE OF BIRTH:
FECHA DE NACIMIENTO:
Affidavit of Person Assisting Litigant:
I have faithfully and accurately translated the statements of
from Spanish into English.
Signed & Dated:
Form Revised 8/10/06
Superior Court
Attachment B
THE SUPERIOR COURT OF WASHINGTON, IN AND FOR YAKIMA COUNTY,
JUVENILE DIVISION
In re the Truancy of:
No. __________________________
_______________________________,Student, DOB _________,
Referral No.___________________
_______________________________,School District, Petitioner
_______________________________,Parent/Guardian, and
_______________________________,Parent/Guardian
AGREED PETITION REGARDING
TRUANCY
(PT)
Interpreter
YES
NO
The petitioner, the ________________________School District, requests that this Court
assume jurisdiction over the student ________________________parent(s) or guardian
_______________________.
II. BASIS FOR THIS PETITION
2.1
The student has had ___________ unexcused absences this year. Actions taken by the
school district have not been successful in substantially reducing the student’s absences. Court
intervention and supervision are necessary to assist the school district or parent to reduce the
student’s absences. The absences were caused by:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
2.2
Future absences can be substantially reduced by adopting this plan:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Page 1 of 3
Agreed Truancy Petition 7/2012
Attachment B
I.
IDENTIFICATION OF THE PARTIES
Student Information
Full Name:
Last
First
M.I.
Address:
Street Address
Apartment/Unit #
City
Home Phone:
State
(
)
(
Alternate Phone:
ZIP Code
)
Ethnicity: (required by RCW 28A.225.035):African American/Black_____ Asian/ Pacific Islander _____
Hispanic/Latino _____ Mixed Race_____ Native American _____ White _____ Other_____ Unknown ______
Birth Date:
Age:
Height:
Weight:
Gender: Male
Female
Hair Color:
Eye Color:
Signature:
Date:
Parent Information
Full Name:
Last
First
M.I.
Address:
Street Address
Apartment/Unit #
City
Home Phone:
State
(
)
(
Alternate Phone:
ZIP Code
)
Ethnicity: (required by RCW 28A.225.035): African American/Black_____ Asian/ Pacific Islander _____
Birth Date:
Age:
Height:
Weight:
Gender: Male
Female
Hair Color:
Eye Color:
Signature:
Date:
Parent Information
Full Name:
Last
First
M.I.
Address:
Street Address
Apartment/Unit #
City
Home Phone:
State
(
)
Alternate Phone:
(
ZIP Code
)
Ethnicity: (required by RCW 28A.225.035):African American/Black_____ Asian/ Pacific Islander _____
Birth Date:
Height:
Age:
Weight:
Signature:
Gender: Male
Hair Color:
Female
Eye Color:
Date:
Page 2 of 3
Attachment B
School Information
School where Student is enrolled:
District
Address:
Street Address
State
City
Phone:
(
ZIP Code
)
III. REQUEST FOR AGREED ORDER
The parties request that the Court enter their Agreed Order to Attend School.
_________________________________________________
Deputy Prosecuting Attorney, WSBA No. ________________
School District __________________________________
Date:______________________
NOTICE TO PARTIES: After entry of an Order to Attend School, any future unexcused
absences or tardiness or suspensions or expulsions may result in a truancy court contempt
hearing. At a contempt hearing, the judge could impose various sanctions, including up to a
week in detention (for the student), community service hours (for student and parent/guardian),
and fines of $25 per day for unexcused absences (for parent/guardian).
Page 3 of 3
Attachment C
JUVENILE DIVISION
Case No. _____________________
__________________________,Student, DOB: ______________
__________________________,School District, Petitioner
Referral No.____________________
__________________________,Parent/Guardian, DOB:_________
AGREED ORDER TO ATTEND
SCHOOL
__________________________,Parent/Guardian, DOB:_________
(AGOR)
Translator Needed?
YES
NO
Based on the Agreed Petition, IT IS HEREBY ORDERED that until the student turns 18:
1. The court assumes jurisdiction in this matter.
2. The student shall attend school daily, arrive at each class on time, and avoid behavior
which could result in suspension or expulsion. The parent/guardian shall cause the
student to attend school.
3. All parties shall comply with the plan stated in paragraph 2.2 of the Petition.
Any future unexcused absences or tardiness or suspensions or expulsions may result in a
truancy court contempt hearing. At a contempt hearing the judge could impose various
sanctions, including up to a week in detention (for the student), community service hours (for
student and parents/guardian), and fines of $25 per day for unexcused absences (for
parent/guardian).
The school district shall file a Progress Report with the clerk within 90 days, and each 12
months thereafter until this case is dismissed; and mail copies to the parent and the student’s
attorney (or if the student does not have an attorney then to the student).
All parties shall keep the court clerk advised of any address change, and shall attend all future
court hearing. Some court hearing notice may be sent by mail, to the last address given to the
court clerk.
DATE __________________, by:
_____________________________________________
Judge/Court Commissioner
I have received copies of the Petition and this Order. I have read them. I understand and
agree with them. I understand that I must comply with this Order. I understand that it will be
presented in court for signature by the judge, without further notice to me.
______________________________________
_________________________________________
School district’s signature
Student’s signature
Date
Date
_______________________________________
_________________________________________
Parent/ Guardian signature
Parent/Guardian signature
White/Original
Date
Date
Clerk/Legal File
____________________________________________________________________________________________________________________________________________________________
AGREED ORDER TO ATTEND SCHOOL
Revised 7/20/12
1 of 1
Attachment D
THE SUPERIOR COURT OF WASHINGTON, IN AND FOR YAKIMA COUNTY, JUVENILE DIVISION
No. __________________________
_______________________________,Student, DOB _________,
_______________________________,School District, Petitioner,
PETITION REGARDING TRUANCY
(PTTRU)
_______________________________,Parent/Guardian, and
Interpreter
_______________________________,Parent/Guardian
YES
NO
The school district alleges:
I.
IDENTIFICATION OF THE PARTIES
SCHOOL INFORMATION
School name:
District:
Mailing address:
City, State, Zip:
Phone no.:
(
)
STUDENT INFORMATION
Student’s last name:
Gender
M F
First:
Height
Weight
Hair Color
Middle:
Eye Color
Date of birth:
/
/
Age:
Race: White Asian/Pacific Islander Black American Indian/Alaska Native Ethnicity: Hispanic Yes No
Street address:
City, State, Zip:
Phone no.:
(
)
PARENT/GUARDIAN INFORMATION
Parent/Guardian’s last name:
Gender
M F
Height
First:
Weight
Hair Color
Middle:
Eye Color
Date of birth:
/
/
Age:
Street address:
City, State, Zip:
Phone no.:
(
)
PARENT/GUARDIAN INFORMATION
Parent/Guardian’s last name:
Gender
M F
Height
First:
Weight
Hair Color
Middle:
Eye Color
Date of birth:
/
/
Age:
Street address:
City, State, Zip:
Phone no.:
(
PETITION REGARING TRUANCY (PTTRU) - p. 1 of 3 –
)
Attachment D
II. BASIS FOR THIS PETITION
2.1 The student resides within the _______________________________ School District and is subject to
the requirements of the Compulsory School Attendance law (RCW 28A.225).
2.2 The school district has informed the respondents of the requirements of the Compulsory School
Attendance law and the potential consequences for each respondent of non-compliance with the law.
2.3 The respondent student has unexcused school absences in the current school year. The student has
had the following unexcused absences during the current school year:
 the number of days the child has been absent without excuse for a majority of hours or periods: .
Total number of days unexcused_________.
Total number of days enrolled in current school year_________.
 These absences and/or tardies are evidenced by the attached attendance records of the school
district, which are made a part of this petition.
 the amount of time specified in a more restrictive school district policy. That school district policy
is: ___________________________________________________________________________
___________________________________________________________________________
2.4 The school district has taken these actions to eliminate or reduce the student’s absences from school:
 Informed the parent(s)/guardian(s) that the student has been absent without excuse:
in writing on _______________________________________________________________
by phone on _______________________________________________________________
 Scheduled a conference with the student and parent(s)/guardian(s) after a second absence
without excuse. The conference was scheduled for __________________________, and was
attended by the  student  parent/guardian. The result of the conference was:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
 Adjusted the student's school schedule
 Arranged for morning calls.
 Arranged transportation changes
 Conducted home visits or conference.
 Provided individualized remedial instruction
 Provided tutoring
 Undertook E.S.L. evaluation and assessment.
 Contacted local police department
 Adjusted the student's program with  course changes  vocational classes  work experience
 Moved to neighborhood school
 Offered these special school district programs:  alternative school placement  retention and
retrieval programs  counseling  ________________________________________.
 Made a special education referral, for which  testing was completed  MDT meeting was held.
 Contacted the student's probation officer who is ___________________________________
 Other:____________________________________________________________________.
Did the school district enter into an agreement with the student and parent(s) that establishes school
attendance requirements?  no  yes, attached is a copy of the agreement.
Attachment D
2.5 Other matters pending in juvenile court involving the student (if known to the school district) are:
 At-Risk Youth (A-RY) petition
 Child in Need of Services (CHINS) petition
 Juvenile offense
 Under current probation order
2.6 The above-described actions have not been successful in substantially reducing the student’s
unexcused absences from school. Court intervention and supervision are necessary to assist the
school district in reducing the student’s unexcused absences from school.
2.7 Based on the foregoing information, the school district alleges that:
 The respondent student is in violation of the Compulsory School Attendance Law in that he/she
has at least five unexcused absences within one month or ten unexcused absences during the
current school year.
 The respondent parent(s)/guardian(s) is/are in violation of the Compulsory School Attendance Law
in that he/she has/have not exercised reasonable diligence in causing the respondent student to
regularly attend school.
 Further opportunity to intervene with the respondents may result in successfully addressing the
respondent student’s truant behavior
 Other: _____________________________________________________________________
III. REQUEST FOR RELIEF
The school district requests that the court:
 Set a date and time for a court hearing to consider this petition. At that hearing, the court should:
 order the student to attend school
 order testing of the student for use of alcohol or controlled substances, because: _______
______________________________________________________________________
 impose fines on the parent.
 issue an arrest warrant for any  student  parent/guardian who fails to appear.
 Stay the truancy proceedings due to:
 other school action
 pending At-Risk Youth case
 pending Child in Need of
Services case
 other:___________________________________________________________________
IV. DECLARATION
I certify under penalty of perjury under the laws of the State of Washington that:
1. I am an employee of the _____________________________________ school district, and
2. the above information to my knowledge is true and accurate, and
3. this school district has complied with the statutory requirements of RCW 28A.225.020, and
4. the attached records to this Petition have been obtained from the custodian or supervisor of the
attendance records of the student; that these records are kept in the ordinary course of the
business of said school and school district; and that these records are made near or at the time of
the taking of attendance and are relied on by the school and school district for all purposes relating
to attendance and truancy.
Signed this _________ day of ______________________, 20 _____, in _______________, Washington.
Signature: __________________________________________________
Printed Name________________________________________________ Position: _________________
Deputy Prosecuting Attorney: ___________________________________ WSBA No.________________
Attachment E
JUVENILE DIVISION
No. __________________________
________________________,Student, DOB _______,
________________________,School District, Petitioner,
________________________,Parent/Guardian, and
________________________,Parent/Guardian.
NOTICE OF TRUANCY PETITION
HEARING
(NTHG)
Interpreter
YES
NO
TO: The Student and Parents above-named:
You are each required by the Yakima County Juvenile Court to personally attend a
truancy court petition hearing.
Your truancy court hearing is on Tuesday _____________________ at 1:30 p.m., at the
Yakima County Juvenile Justice Facility, 1728 Jerome Avenue, Yakima, WA.
Students are not entitled to an attorney appointed at public expense for the initial
Petition hearing. In rare cases the court may decide to appoint an attorney for a student
for a Petition hearing.
If the court orders the student to attend school at the Petition hearing, then failure to
comply may result in a motion being filed for a hearing to hold the student in contempt
for failure to comply. If such a motion is filed and there is a possibility of being ordered
into juvenile detention, then an attorney will be appointed to represent the student in the
Contempt hearing. Any time a student is appointed an attorney, the student must
contact the attorney and arrange to meet and prepare before the day of court.
WARNING: If you fail to appear for this court hearing after proper service, a
warrant may issue for your arrest.
DATED ______________________, at Yakima, WA,
by:____________________________________________
Yakima County Deputy Clerk, at the direction of the Court
Page 1 of 2
Notice of Truancy Petition Hearing (NTHG)
Attachment E
NOTICE OF RIGHTS AND RESPONSIBILITIES
You have been served with a truancy petition. The truancy petition asks the court to assume
jurisdiction and enter a court order granting one or more of these requests:
•
•
•
Requiring the student to attend school;
Fining or imposing community service hours on a parent or guardian who fails to
ensure the student attends school; or
Requiring a substance abuse evaluation of the student.
You are required to attend each court hearing. If you fail to appear for a truancy court hearing
after being properly served with notice, a bench warrant may be issued for your arrest. Also,
the relief requested in the petition or motion may be granted in your absence.
Each party is entitled to present evidence at each truancy court hearing.
Each party is entitled to have an attorney represent them at each court hearing, at their own
expense.
Notice regarding the Family Reconciliation Act (RCW 13.32A):
Families who are in conflict or who are experiencing problems with an at-risk youth, or a child
who may be in need of services, may request family reconciliation services from the Department
of Social and Health Services.
Those services will be provided to alleviate personal or family situations which present a serious
and imminent threat to the health or stability of the child or family, and to maintain families intact
wherever possible.
If you would like to request this type of service, contact the Division of Child and Family
Services. Their office number is 1-800-557-9671.
Page 2 of 2
Notice of Truancy Petition Hearing (NTHG)
Attachment F
No. ___________________________
In the Interest of: ________________________________,
Affidavit of Certified Mailing
Date of Birth: ____________________________________,
(AFML)
I declare under penalty of perjury under the laws of the State of Washington that on
I mailed certified copies of these documents:
_ Agreed Order to Attend School
_ Petition Regarding Truancy
_ Notice of Truancy Petition Hearing
_ Motion and Order for Truancy Contempt Hearing
_ Order Dismissing Truancy Action
_ _________________________________________________
To these people at these addresses:
Student:
Parent/Guardian:
Parent/Guardian:
The date the certified mail was delivered and signed for on:
The certified mail was signed for by:
I used the last known addresses for each person.
Signed on _________________, at ______________, Washington, by:
Signature: _______________________________________
Typed name: _____________________________________
Address: ________________________________________
Note: This document properly signed constitutes proof of certified mailing. The petitioning party or moving party shall submit to the
clerk’s office when complete.
AFFIDAVID OF CERTIFIED MAILING
Attachment G
JUVENILE DIVISION
Cause No. ______________________
__________________________,Student, DOB: _____________
__________________________,School District, Petitioner,
PROGRESS REPORT AND FOLLOWUP (RPT)
__________________________,Parent/Guardian, and
Interpreter
__________________________,Parent/Guardian.
YES
NO
I. Basis
 A truancy petition was filed by the __________________ School District concerning the above-named
student.
 The court entered a truancy order on ________________(date).
The court:
 ordered the School District to file a progress report every ___ month(s).  This is the first report,
which was due on __________________ (date).
II. Report
To date, the school district has undertaken the following:
 adjusted schedule
 adjusted student’s program
 course changes
 vocational classes
 work experience
 arranged transportation changes
 ESL evaluation and assessment undertaken
 arranged for morning calls
 referred the student to a community truancy
board (please attach a narrative statement on
actions taken by truancy board)
 provided tutoring
 offered special school district programs:
 alternative school placement
 retention & retrieval programs
 counseling
 other
 provided individualized remedial instruction
 conducted home visits or conference
 contacted community agencies providing
repositioned staff to school districts or school
sites. Please
list:______________________________
 made a special education referral (Focus of
Concern):
 testing completed
 held Multi-Disciplinary Team Meeting
 contacted the student’s probation counselor
(name of p.c.) ______________________
 contacted local police department
PROGRESS RPT AND FOLLOW-UP (RPT) – Page 1 of 2
WPF JU 13.0350 (06/2012) - RCW 28A.225.035(8), CR 77(k)
Attachment G
 Other:

Since the  petition was filed  the truancy order was entered  the last report was filed, the
student has had additional unexcused absences on:
.

The student’s academic status is now: _______________________________________________.
Please attach any other statements or documents describing interventions taken by the school district,
the student’s current academic status, and the student’s records of attendance.

The next progress report is due on ___________________ (date).
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed on _______________________ at ______________________________________, Washington.
_____________________________________
Signature
_____________________________________
Print name
_____________________________________
Address
_____________________________________
PROGRESS RPT AND FOLLOW-UP (RPT) – Page 2 of 2
WPF JU 13.0350 (06/2012) - RCW 28A.225.035(8), CR 77(k)
Attachment H
JUVENILE DIVISION
No. _________________________
________________________,Student, DOB_________,
MOTION AND ORDER FOR
TRUANCY CONTEMPT HEARING
(PT)
________________________,School District, Petitioner,
________________________,Parent/Guardian, and
________________________,Parent/Guardian.
Interpreter
YES
NO
MOTION TO SHOW CAUSE
I ask the Court to issue an Order directing one or more of the respondents to personally appear
and show cause as to why an Order should not be entered finding them in contempt for failing to
comply with this Court’s Order dated ____________________.
I allege that the student _______________________________has violated the Court Order by:
1.1
Failing to attend school as required by the Court.
1.2
Failing to participate in testing for the use of controlled substances or alcohol, as
required by the Court.
1.3
Other:
________________________________________________________________
________________________________________________________________
________________________________________________________________
I allege that the parent/guardian ________________________ has violated the Court Order by:
1.4
1.5
Failing to exercise reasonable diligence in attempting to cause the child to
attend school.
Other:
________________________________________________________________
________________________________________________________________
________________________________________________________________
This motion is based on the Order to Attend School and the attached declaration.
Dated _____________, by: ____________________________________.
Motion and Order for Truancy Contempt Hearing - Page 1 of 3
Attachment H
DECLARATION IN SUPPORT OF MOTION
My name is _____________________________________. I am the _____________________
at ________________________________. I hereby declare that:
The above-named student has had unexcused absences in the number indicated in the
school’s attendance records, which are made a part hereof.
I am a custodian of or supervisor over the attendance records of this student, which are
made a part hereof.
These records are kept in the ordinary course of the business of said school and school
district.
These records are made near or at the time of the taking of attendance at school, and
are relied upon by the school and school district for all purposes relating to attendance
and truancy.
The Petitioner thus requests that the court direct the named respondent(s) to appear at a
contempt hearing.
The Petitioner requests the following sanctions:
2.1
Community Service as the court deems appropriate, to be done by the:
Respondent student.
Respondent parents/guardian.
2.2
Confinement of the Respondent student for up to 7 days.
2.3
Fine against the Respondent Parent(s)/Guardian(s) of up to $25 for each day of
unexcused absence from school.
2.4
Require the Student to participate in a testing for use of drugs and/or alcohol.
2.5
Other:
________________________________________________________________
________________________________________________________________
________________________________________________________________
The most recent contact information known to me for the Student and Parent/Guardian are:
Student Name: ________________________ Parent/Guardian Name: ____________________
Address: _____________________________ Address: _______________________________
City: ______________ State: ____ Zip: _____ City: _______________ State: ____ Zip: ______
Phone: ______________________________ Phone: _________________________________
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is to my knowledge true and correct.
Signed at ______________________, Washington, on_________________, 20___, by:
Signature: ___________________________________________
Printed Name: ________________________________________
Attachment H
ORDER SETTING CONTEMPT HEARING
IT IS HEREBY ORDERED that the above-named Student, Parent(s) and Guardian(s), shall
appear in person before this Court and show cause why the relief requested in the Motion
should not be granted. All parties must appear in person at the following time and place:
Date: ____________________________ Time:
1:30 p.m.
Place: Yakima County Juvenile Justice Facility, 1728 Jerome Avenue, Yakima, WA
This will be a contempt hearing to review the Student’s attendance at school and the parties'
compliance with the prior court orders, and to determine whether sanctions should be imposed.
All parties will be entitled to present evidence. The party asking for this hearing will have the
burden of proving that the prior court order has not been obeyed. All parties have the right to be
represented by an attorney throughout these proceedings, but only the child is entitled to an
attorney at public expense.
The moving party is asking that the Student be sentenced to days in the detention
facility. The Department of Assigned Counsel, Juvenile Division, (574-1150) is
appointed to represent the Student. The Student shall contact that Attorney upon
receipt of this Order.
The School District shall provide attendance records to the Student's attorney 48 hours before
the contempt hearing.
WARNING: FAILURE TO ATTEND THIS HEARING MAY RESULT IN THE ISSUANCE OF A
BENCH WARRANT FOR YOUR ARREST.
DATED ________________________,
by: _________________________________
Judge/Commissioner
Presented by:
____________________________________________
Deputy Prosecuting Attorney, WSBA # _________________
Attachment I
JUVENILE DIVISION
No._______________________
________________________________,Student, born _________,
________________________________,School District, Petitioner,
NOTICE OF SUBSTITUTION
(NT)
________________________________,Parent/Guardian, and
________________________________,Parent/Guardian.
To:
Interpreter
YES
NO
Juvenile Court Clerk
Parent/Guardians of Student above-named
Student above-named
Student’s Attorney
Deputy Prosecuting Attorney
The above-named Student has changed school districts.
Therefore, notice is hereby given that the _________________________ School District (from which
the Student has moved) is withdrawn from this matter, and in its place the
_______________________________ School District will be participating as Petitioner.
The next court hearing in this case:
 has not been scheduled.
 has been scheduled as a  Petition Hearing  Contempt Hearing, to be heard on
______________________________, at ___________ p.m., at the:
Yakima County Juvenile Justice Facility, 1728 Jerome Avenue, Yakima, WA.
DATED _______________________ by:
DATED _______________________ by:
____________________________________
___________________________________
Signature of Representative of withdrawing School District
Signature of Representative of participating School District
____________________________________
___________________________________
Printed Name
Printed Name
____________________________________
___________________________________
Address
Address
____________________________________
___________________________________
Address
Address
Notice of Substitution (NT) – Page 1 of 1
Attachment J
No. __________________________
______________________________,Student, DOB ________,
ORDER DISMISSING TRUANCY
ACTION
______________________________,School District, Petitioner,
______________________________,Parent/Guardian, and
______________________________,Parent/Guardian.
(ORDSM)
Interpreter
YES
NO
This truancy case was brought before the Court today. Based on the information which was
presented by ____________________________________________, THE COURT FINDS that:
There is no proof that the Student has had unexcused absences this school year.
The Student is under 8 years of age or over 18 years of age.
The Student has moved out of Washington State.
The home-based instruction requirements of RCW 28A.225.010(4) have been met.
The Student is 16 or 17 years of age and is regularly and lawfully employed and the
Parent agrees that the Student should not be required to attend school.
The Student is 16 or 17 years of age and is regularly and lawfully employed and the
Student is emancipated in accordance with chapter 13.64 RCW.
The Student has already met graduation requirements in accordance with state board of
education rules and regulations.
The Student has received a certificate of educational competence (G. E. D.) under rules
and regulations established by the state board of education under RCW 28A.305.190.
The Student’s school attendance has improved. Court supervision is no longer needed.
Other: ___________________________________________________________
Therefore, IT IS HEREBY ORDERED that this truancy case is dismissed, with prejudice.
The warrant ordered on ________ for the arrest of the above-named Student is hereby
quashed.
DATED ____________, 20_____, by: _____________________________________
Judge / Court Commissioner
Presented by:
____________________________________________
Deputy Prosecuting Attorney, WSBA # __________________
ORDER DISMISSING TRUANCY ACTION (ORDSM) Revised 7/20/12

TRUANCY MANUAL 2014-2015

Transcription

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