(1) All actions under
this chapter shall be commenced and tried in the county where any
element of the offense was committed except as otherwise
specially provided by statute. In cases in which diversion is
provided by statute, venue is in the county in which the juvenile
resides or in the county in which any element of the offense was
committed.
(2)(a) The court upon motion of any party or upon its own
motion may, at any time, transfer a proceeding to another
juvenile court when there is reason to believe that an impartial
proceeding cannot be held in the county in which the proceeding
was begun; and
(b) A court may transfer a proceeding to another juvenile
court following disposition for the purposes of supervision and
enforcement of the disposition order.
(3) If the court orders a transfer of the proceeding
pursuant to subsection (2)(b) of this section:
(a) The case and copies of only those legal and social
documents pertaining thereto shall be transferred to the county
in which the juvenile resides, without regard to whether or not
his or her custodial parent resides there, for supervision and
enforcement of the disposition order.
(b) If any restitution is yet to be determined, the
originating court shall transfer the case to the new county with
the exception of the restitution. Venue over restitution shall
be retained by the originating court for purposes of establishing
a restitution order. Once restitution is determined, the
originating county shall then transfer venue over modification
and enforcement of the restitution to the new county.
(c) The court of the receiving county may modify and enforce
the disposition order, including restitution.
(d) The clerk of the originating county shall maintain the
account receivable in the judicial information system and all
payments shall be made to the clerk of the originating county.
(e) Any collection of the offender legal financial
obligation shall be managed by the juvenile probation department
of the new county while the offender is under juvenile probation
supervision, or by the clerk of the original county at the
conclusion of supervision by juvenile probation. The probation
department of the new county shall notify the clerk of the
originating county when they end supervision of the offender.
(f) In cases where a civil judgment has already been
established, venue may not be transferred to another county.
[2005 c 165 § 1; 1997 c 338 § 16; 1989 c 71 § 1; 1981 c 299 § 6; 1979 c 155 § 59; 1977 ex.s. c 291 § 60.]
NOTES:
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.
Effective date -- 1989 c 71: "This act shall take effect September 1, 1989." [1989 c 71 § 2.]
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.