Wash. Rev. Code § 13.40.185
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(1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Notes of Decisions
Cited in 12
cases, 1982–2018 · leading case: Davis v. Department of Licensing
Davis v. Department of Licensing (1999)
“, RCW 72.05.020(3) (“ ‘Juvenile’ means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.”
Tommy P. v. Board of County Commissioners (1982)
“RCW 13.40.185 was enacted in 1981 to provide that all terms of confinement over 30 days are under the supervision of DSHS, but that if confinement is for more than one offense but the confinement for each offense is less than 30 days, then at the discretion of the court the…”
State v. GAH (2006)
“010(5), (12); RCW 13.40.185(1). ¶ 31 DSHS' authority to place youth in foster care is limited to four specific circumstances: First, in conjunction with a dependency proceeding under chapter 13.”
State v. G.A.H. (2006)
“020(5), (12); RCW 13.40.185(1). . ¶31 DSHS’ authority to place youth in foster care is limited to four specific circumstances: First, in conjunction with a dependency proceeding under chapter 13.”
Citizens for Fair Share v. Department of Corrections (2003)
“020 (“As used in this chapter, unless the context requires otherwise: (1) ‘Community facility means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185.”). RCW 70.48.020 provides the following definitions: As used in this…”
In Re the Welfare of Hoffer (1983)
“RCW 13.40.185 requires that a youth who serves a term of confinement greater than 30 days be supervised by DSHS.”
Department of Health & Human Services v. Chater (1998)
“See Wash. Rev.Code § 13.40.185. Once referred to DSHS, juvenile offenders are committed to one of five state-operated institutions, three of which are maximum security and two of which are medium security.”
State v. Cirkovich (1985)
“RCW 13.40.185 provides that confinement in excess of 30 days shall be served under the supervision of the Department.”
Davis v. Department of Licensing (1999)
“, RCW 72.05.020(3) ("`Juvenile' means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.”
State v. Shove (1988)
“Also, RCW 13.40.185 provides that confinement in excess of 30 days would be served under the Department's supervision.”
State Of Washington v. D.j.m., L.d.m., & L.k.m. (2018)
“48096-4-II and 48103-1-II) RCW 13.40.185 governs how a juvenile court designates confinement in a disposition order.”
Citizens for Fair Share v. STATE, DEPT. OF CORRECTIONS (2003)
“020 ("As used in this chapter, unless the context requires otherwise: (1) `Community facility' means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185.") [16] RCW 70.48.020 provides the following definitions: As used in this…”
— Wash. Rev. Code § 13.40.185(1) — 2 cases
State v. GAH (2006)
“010(5), (12); RCW 13.40.185(1). ¶ 31 DSHS' authority to place youth in foster care is limited to four specific circumstances: First, in conjunction with a dependency proceeding under chapter 13.”
State v. G.A.H. (2006)
“020(5), (12); RCW 13.40.185(1). . ¶31 DSHS’ authority to place youth in foster care is limited to four specific circumstances: First, in conjunction with a dependency proceeding under chapter 13.”
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