JuCR 1.1: SCOPE OF RULES

These rules relate to procedure in the juvenile court.

JuCR 1.2: JURISDICTION OF JUVENILE COURT

(a) Generally.

The jurisdiction of the juvenile court is defined by RCW 13.04.030.

(b) Indian Children.

In the case of an Indian child, as defined by the federal Indian Child Welfare Act of 1978, jurisdiction and proceedings under these rules shall be in accordance with that act.

JuCR 1.3: DEFINITIONS

The definitions in RCW 13.04.011, RCW 13.32A.030, RCW 13.34.030, RCW 9A.76.010 and RCW 13.40.020 shall apply to these rules. For the purposes of these rules: "Guardian" means a person appointed by court order under RCW 11.88 or RCW 13.34.230, but does not mean a person appointed a guardian ad litem under RCW 11.88.090, RCW 13.34.100, or RCW 26.44.053.

JuCR 1.4: APPLICABILITY OF OTHER RULES

(a) Civil Rules.

The Superior Court Civil Rules shall apply in proceedings other than those involving a juvenile offense when not inconsistent with these rules and applicable statutes.

(b) Criminal Rules.

The Superior Court Criminal Rules shall apply in juvenile offense proceedings when not inconsistent with these rules and applicable statutes.

(c) Evidence Rules.

The Rules of Evidence shall apply in juvenile court proceedings to the extent and with the exceptions stated in ER 1101.

(d) Local Rules.

The local rules of a juvenile court shall apply when not inconsistent with these rules and applicable statutes. Local rules for juvenile court proceedings must be adopted in accordance with GR 7.

JuCR 1.5: CONTINUATION OF ACTIONS

(a) Dependency and Termination Proceedings.

(1) Actions filed on or after May 1, 1978, alleging dependency or seeking the termination of the parent-child relationship, in which the court has not entered a final order of dependency or termination prior to July 1, 1978, shall, after July 1, 1978, be governed by RCW 13.34 and these rules.

(2) The status of all juveniles found to be dependent prior to July 1, 1978, shall be reviewed as provided in RCW 13.34.130.

(3) Any proceeding to modify a disposition order in a case involving a juvenile found, prior to July 1, 1978, to be dependent shall be governed by RCW 13.34 and these rules.

(4) The court may modify the application of this section to a particular case when, in the opinion of the court, that application would work injustice.

(b) Juvenile Offense Proceedings.

Juvenile offense proceedings shall be governed by the law in effect on the date the offense is found to have taken place. Correction of inaccurate statutory reference.

JuCR 1.6: PHYSICAL RESTRAINTS IN THE COURTROOM

(a) Use of Restraints on Juvenile Respondents.

Juveniles shall not be brought before the court wearing any physical restraint devices except when ordered by the court during or prior to the hearing. Instruments of restraint, such as handcuffs, ankle chains, waist chains, strait jackets, electric-shock producing devices, gags, spit masks and all other devices which restrain an individual's freedom of movement shall not be used on a respondent during a court proceeding and must be removed prior to the respondent's appearance before the court unless the court finds both that:

(1) The use of restraints is necessary due to one of the following factors:

(A) Present behavior of the respondent represents a current threat to his or her own safety, or the safety of other people in the courtroom;

(B) Recent disruptive courtroom behavior of the respondent has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm to himself or herself or others; or

(C) Present behavior of the respondent presents a substantial risk of flight from the courtroom; and

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the respondent or another person, including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(b) Challenge to the use of restraints.

Before or after any juvenile is ordered restrained, the court shall permit any party to be heard on the issue of whether the use of physical restraints is necessary in a particular situation or as to a particular child.