Wash. Rev. Code » Title 13 · Chapter 13.04
Revised Code of Washington

Wash. Rev. Code § 13.04.040 (2026)

✓ current as of May 2026
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The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:
(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW or RCW 13.40.070;
(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;
(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, and ensure that the requirements of such agreements are met except as otherwise provided in this title;
(4) Prepare predisposition studies as required in RCW 13.40.130, and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department unless otherwise ordered by the court; and
(5) Supervise court orders of disposition to ensure that all requirements of the order are met.
All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.
The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.
The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.
The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080.
The administrator shall establish procedures for the collection of fines assessed under *RCW 13.40.080 (2)(d) and (14) and for the payment of the fines into the county general fund.
[ 2004 c 120 s 10; 1995 c 312 s 40; 1983 c 191 s 14; 1979 c 155 s 6; 1977 ex.s. c 291 s 8; 1959 c 331 s 9; 1951 c 270 s 1; 1921 c 43 s 1; 1913 c 160 s 3; RRS s 1987-3.]

Notes:

*Reviser's note: RCW 13.40.080 was amended by 2015 c 265 s 25, deleting subsection (2)(d).
Effective date—2004 c 120: See note following RCW 13.40.010.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1953–2025 · leading case: Zylstra v. Piva, 539 P.2d 823 (Wash. 1975).
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Zylstra v. Piva, 539 P.2d 823 (Wash. 1975). · cites it 10× “We there held at page 638: It appears evident, however, that the legislature did not intend to include employees of the state itself, but rather *747 employees at the local level, since state employees are not referred to in RCW 41.”
In Re the Salary of the Juv. Dir., 552 P.2d 163 (Wash. 1976). · cites it 4× “RCW 13.04.040 which appears to direct or authorize the Board of County Commissioners to fix the salary of the probation officer amounts to control which is an unconstitutional violation of the inherent powers of the judicial branch of the government delegated exclusively to the…”
State v. Sledge, 947 P.2d 1199 (Wash. 1997). · cites it 2× “Juvenile probation counselors make recommendations to the court regarding the need for continued detention or shelter care of a child, RCW 13.04.040(2), prepare predisposition studies and must be present at disposition hearings to respond to questions regarding the…”
State v. Sanchez, 146 Wash. 2d 339 (Wash. 2002). · cites it 2× “RCW 13.04.040(2). The majority also finds that statutory silence is a green light for CCOs to make sentencing recommendations which may be contrary to the prosecutor’s plea agreement.”
State v. Sledge, 947 P.2d 1199 (Wash. 1998). · cites it 2× “"`Manifest injustice' means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter." RCW 13.40.020(16).”
Anita Asphy, V. State Of Washington, Dcyf, 552 P.3d 325 (Wash. Ct. App. 2024). · cites it 2× “Quoting former RCW 13.04.040 (1951), the State argued a statutory monitoring requirement was not enacted until 1979, and, further “[a]s of 1951, the Department had a duty to ‘inspect and supervise’ foster homes and to enforce all licensing rules.”
In Re Dillenburg v. Maxwell, 413 P.2d 940 (Wash. 1966). · cites it 2× “The powers and duties of probation counselors are set forth in RCW 13.04.040, which provides that they shall make such investigations of the antecedents, character, family history, environments, and cause of the dependency or delinquency of every child brought before the…”
State v. Clark, 958 P.2d 1028 (Wash. Ct. App. 1998). · cites it 2× “2d 1002 (1989); RCW 13.04.040. These duties do not include executing court orders.”
State v. Murphy, 669 P.2d 891 (Wash. Ct. App. 1983). “RCW 13.04.040 provides in part: The probation counselor shall: (2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title; (4) Prepare predisposition studies as required in RCW .”
State v. Sanchez, 46 P.3d 774 (Wash. 2002). · cites it 2× “RCW 13.04.040(2). The majority also finds that statutory silence is a green light for CCOs to make sentencing recommendations which may be contrary to the prosecutor's plea agreement.”
Monroe v. Tielsch, 525 P.2d 250 (Wash. 1974). · cites it 2× “In short, the judge, facing one of the most difficult tasks in the judicial system, needs all the help and information possible to reach a decision as to how to best correct and aid the juvenile before him. Obviously that decision may be a literal turning point in the young…”
State v. Holland, 635 P.2d 142 (Wash. Ct. App. 1981). “RCW 13.04.040. The relationship between the juvenile and the probation counselor is not *382 adversarial, in contrast to the relationship between the juvenile and the police.”
Show all 23 citing cases →
— Wash. Rev. Code § 13.04.040(1) — 1 case
In Re The Dependency Of H.w. (Wash. Ct. App. 2025).
— Wash. Rev. Code § 13.04.040(2) — 4 cases
State v. Sanchez, 146 Wash. 2d 339 (Wash. 2002). “RCW 13.04.040(2). The majority also finds that statutory silence is a green light for CCOs to make sentencing recommendations which may be contrary to the prosecutor’s plea agreement.”
State v. Sledge, 947 P.2d 1199 (Wash. 1997). “Juvenile probation counselors make recommendations to the court regarding the need for continued detention or shelter care of a child, RCW 13.04.040(2), prepare predisposition studies and must be present at disposition hearings to respond to questions regarding the…”
State v. Sledge, 947 P.2d 1199 (Wash. 1998). “"`Manifest injustice' means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter." RCW 13.40.020(16).”
State v. Sanchez, 46 P.3d 774 (Wash. 2002). “RCW 13.04.040(2). The majority also finds that statutory silence is a green light for CCOs to make sentencing recommendations which may be contrary to the prosecutor's plea agreement.”
— Wash. Rev. Code § 13.04.040(2)(a) — 1 case
State v. A.M.W. (Wash. 2025).
— Wash. Rev. Code § 13.04.040(4) — 4 cases
State v. Sledge, 947 P.2d 1199 (Wash. 1997). “Juvenile probation counselors make recommendations to the court regarding the need for continued detention or shelter care of a child, RCW 13.04.040(2), prepare predisposition studies and must be present at disposition hearings to respond to questions regarding the…”
State v. Sledge, 947 P.2d 1199 (Wash. 1998). “"`Manifest injustice' means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter." RCW 13.40.020(16).”
Pierce Cnty. v. State, 769 P.2d 291 (Wash. 1989).
State of Washington v. Braden Scott Hall (Wash. Ct. App. 2017).
— Wash. Rev. Code § 13.04.040(5) — 1 case
State v. Clark, 958 P.2d 1028 (Wash. Ct. App. 1998). “2d 1002 (1989); RCW 13.04.040. These duties do not include executing court orders.”
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