Revised Code of Washington
Wash. Rev. Code § 13.40.050 (2026)
✓ current as of May 2026
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(1) When a juvenile taken into custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040.
(6) If detention is not necessary under RCW 13.40.040, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during specified hours; or
(f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in *RCW 13.40.040(4).
(7) A juvenile may be released only to a responsible adult or the department.
(8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
(9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
Notes:
*Reviser's note: RCW 13.40.040 was amended by 2002 c 171 s 2, changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
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 8
cases, 1983–2005 · leading case: State v. Shawn P., 859 P.2d 1220 (Wash. 1993).
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). “[51] Compare RCW 13.40.050(2), requiring notice of detention hearings to be served on a juvenile "if over twelve years of age", with RCW 13.”
State v. Mounts, 122 P.3d 745 (Wash. Ct. App. 2005). “050(2) (a juvenile and/ or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.”
State v. Holland, 656 P.2d 1056 (Wash. 1983). “At the detention hearing pursuant to RCW 13.40.050, the court found probable cause to support the allegations that defendant had committed offenses, ordered defendant detained until a decline hearing in September 1979, and ordered psychiatric and psychological evaluation of…”
State v. Mounts, 130 Wash. App. 219 (Wash. Ct. App. 2005). “050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and…”
State v. L.W., 6 P.3d 596 (Wash. Ct. App. 2000). “See RCW 13.40.050. Janovich v. Herron, 91 Wn.”
State v. D.S., 115 P.3d 1047 (Wash. Ct. App. 2005). “Effective Date of 2001 Amendment ¶11 The State argues that because the legislature’s 2001 amendment to RCW 13.40.050 “did not exist” at the time the Supreme Court rendered its decision in *575 T.”
State v. Foley, 834 P.2d 1108 (Wash. Ct. App. 1992). “RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours.”
State v. LW, 6 P.3d 596 (Wash. Ct. App. 2000). “[11] See RCW 13.40.050. [12] Janovich v. Herron, 91 Wash.”
— Wash. Rev. Code § 13.40.050(1)(a) — 2 cases
State v. Mounts, 122 P.3d 745 (Wash. Ct. App. 2005). “050(2) (a juvenile and/ or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.”
State v. Foley, 834 P.2d 1108 (Wash. Ct. App. 1992). “RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours.”
— Wash. Rev. Code § 13.40.050(1)(b) — 2 cases
State v. Mounts, 122 P.3d 745 (Wash. Ct. App. 2005). “050(2) (a juvenile and/ or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.”
State v. Foley, 834 P.2d 1108 (Wash. Ct. App. 1992). “RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours.”
— Wash. Rev. Code § 13.40.050(2) — 3 cases
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). “[51] Compare RCW 13.40.050(2), requiring notice of detention hearings to be served on a juvenile "if over twelve years of age", with RCW 13.”
State v. Mounts, 122 P.3d 745 (Wash. Ct. App. 2005). “050(2) (a juvenile and/ or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.”
State v. Mounts, 130 Wash. App. 219 (Wash. Ct. App. 2005). “050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and…”
— Wash. Rev. Code § 13.40.050(4) — 1 case
State v. Foley, 834 P.2d 1108 (Wash. Ct. App. 1992). “RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours.”
— Wash. Rev. Code § 13.40.050(5) — 3 cases
State v. Mounts, 122 P.3d 745 (Wash. Ct. App. 2005). “050(2) (a juvenile and/ or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.”
State v. Mounts, 130 Wash. App. 219 (Wash. Ct. App. 2005). “050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and…”
State v. Foley, 834 P.2d 1108 (Wash. Ct. App. 1992). “RCW 13.40.050(1)(a). If an information is filed, a detention hearing must be held within 72 hours.”
— Wash. Rev. Code § 13.40.050(6) — 1 case
State v. LW, 6 P.3d 596 (Wash. Ct. App. 2000). “[11] See RCW 13.40.050. [12] Janovich v. Herron, 91 Wash.”
— Wash. Rev. Code § 13.40.050(7) — 1 case
State v. LW, 6 P.3d 596 (Wash. Ct. App. 2000). “[11] See RCW 13.40.050. [12] Janovich v. Herron, 91 Wash.”
— Wash. Rev. Code § 13.40.050(l)(a) — 1 case
State v. Mounts, 130 Wash. App. 219 (Wash. Ct. App. 2005). “050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and…”
— Wash. Rev. Code § 13.40.050(l)(b) — 1 case
State v. Mounts, 130 Wash. App. 219 (Wash. Ct. App. 2005). “050(2) (a juvenile and/or his or her parents must be given notice of the detention hearing, the time, place, and purpose of the hearing, and the juvenile must be advised of his or her right to counsel); RCW 13.40.050(5), (6) (if a juvenile case is properly before the court and…”
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