King County Truancy Filing Checklist - 2001 - 2002

1. Ten Steps to Filing the Initial Truancy Petition

1. ____ Complete a "Truancy Petition for an Order Compelling School Attendance"

• Make sure the document is filled out in its entirety
• Double check student’s Identifying Information
• Check all interventions that have been completed
• Attach attendance records and any relevant documents
• Sign and date the document

2. ____ If you are requesting a stay, complete the "Motion to Stay the Truancy Hearing"

• Sign and date the document

3.____ Complete a "Truancy Transmittal Cover Sheet"

• Check the box that indicates what school district is requesting
• Check the box indicating what documents are being filed
• Attach the Transmittal Cover Sheet to the Front of the Petition

4.____ Complete a "Case Assignment Designation Sheet"

• Check the box that indicates the appropriate case assignment area
• Attach the Designation Sheet to the front of the entire packet

5.____ Fill out the Identification Information Form

6.____ If appropriate, fill out the Request to Bypass Attendance Workshop Programming Form

7.____ If appropriate fill out a Request for Interpreter Services Form (Must be pink).

8.____ Mail the original and one copy of each document to be filed by first-class mail or hand deliver to the Clerk’s Office at the King County Juvenile Court, 1211 East Alder, Seattle, WA 98122 or to the King County Superior Court, Norm Maleng Regional Justice Center, 401 4th Avenue North, Room 2C, Kent, WA 98032. Business hours are 8:30 A.M. – 4:30 P.M. The Case Assignment Designation Sheet and the Transmittal Sheets are your Cover Sheets to your packet of documents.

9. The Court will return to you the "Preliminary Order on Truancy Petition". When you receive this order:

• Keep a copy in the school’s file
• The Court will send a copy of the Order setting the hearing to the student and his/her parent/guardian
• Send a copy of the petition and supporting documents to the student and his/her parent/guardian

10. If school is seeking personal service

• Have the individual who personally served the parties fill out a "Declaration of Service"
• Mail the original Declaration to the court for filing. Make sure the case number is on the document
• Keep a copy of the Declaration in the school file and bring it to court with you in case the parties fail to appear.

2. If a Hearing is Scheduled

A. Bring a proposed Order Compelling Attendance

• Think about what you would like the court to order
• Think about what the district can do to further assist the child and family in reducing the student’s absences.

B. Appear at the Hearing

• Bring all evidence that supports the allegations in the petition:
  • attendance records
  • all letters
  • any evidence of the school’s interventions
  • description of the student

3. If a Stay is Requested/Granted

A. The Court will send you a "Preliminary Order on Truancy Petition" advising you as to whether the request for a stay has been granted. This order will tell you the date that a progress report from the school district is due. Generally it will be 45 days from the day the Order was signed

B. Before the expiration of the Stay, complete and file the documents entitled "Progress Report."

• Check all interventions undertaken by the school district
• Check the box that indicates what the school is requesting
• Make sure that the case number is in the caption
• Make sure the report is dated and signed
• Attach any and all relevant evidence including the students attendance record
• Include a self-addressed stamped envelope

Use the Transmittal Cover Sheet and mail to Juvenile Court, Clerk’s Office

C. If the district is requesting a Hearing, check the appropriate box in the report

• Do not send a separate request for a hearing
• Do send a proposed court order
• The court will return the order (when signed) setting a hearing
• Once you receive an Order setting a hearing follow steps outlined in Section 2 above.

D. If the student and the school district enter into an agreement establishing school attendance requirements, the documents entitled "Agreement (Agreement on Truancy Petition)" may be filed with the court.

• Make sure the document is signed by the student, parent/guardian, and the school district
• Mail a copy to the student and parent/guardian
• Make sure the case number is in the caption
• Use the Transmittal Cover Sheet and mail a copy to Juvenile Court, Clerk’s Office
• Include a self-addressed stamped envelope
• A court order accepting or rejecting the agreement will be sent to you

4. If an Order Compelling School Attendance is Required

A. The law requires the school district to regularly report to the court any additional unexcused absences. If the student is not complying with a court order, the school district may file for a second Truancy Hearing or for a Show Cause Hearing for an Order of Contempt.

B. For a second Truancy Hearing /Review Hearing:

• File a "Progress Report." This document is a formal request for a second hearing or for any other action to be taken.
• Check all interventions done by the school
• Sign and date the document
• Use the Transmittal Cover Sheet and mail the documents to the Clerk’s Office
• Include a self-addressed stamped envelope
• The Order setting the hearing will be returned to you
• The Court will mail the Order to the student and parent/guardian

C. For a Show Cause Hearing/Contempt Hearing

• File the document entitled, "Motion to Set Show Cause Hearing/Contempt"
• Attach any and all relevant documents including student attendance record; make sure it includes the student’s address and phone numberSign and date the declaration
• Use the Transmittal Cover Sheet and Mail the Documents to the Juvenile Court, Clerk’s OfficeInclude a self-addressed stamped envelope
• An order granting or denying the motion will be sent to you
• Once you receive an Order to set a Show Cause Hearing, the Order must be mailed to the student and their parent/guardian. It must be personally served in order for the court to issue a Bench Warrant upon a Failure to Appear.

D. Appear at the Hearing

• Bring all relevant documents
• Bring any and all evidence of the school district’s interventions
• Think about what the school district would like the court to order (remedy)
• Think about what the school district could do to further assist the student and their family in reducing the student’s absences from school