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AGO Opinions with Topic: CHILDREN
AGO 1980 No. 25 >  December 31, 1980
COUNTIES - TRANSPORTATION - OLD AGE - CHILDREN - HANDICAPPED PERSONS
REDUCED OR ELIMINATED TRANSIT FARES FOR SENIOR CITIZENS, SCHOOL CHILDREN OR LOW INCOME OR HANDICAPPED INDIVIDUALS (1) A county transportation authority organized under chapter 36.57 RCW may entirely eliminate fares for all transit users if the system it operates can be sustained from taxes or other available revenues. (2) A county transportation authority may, likewise, reduce or eliminate fares for all classes of users during non-peak hours only, for the purpose of achieving a more balanced and economical operation.(3) Both because of a lack of statutory authority and possible constitutional objections under Washington Constitution, Article VIII, section 7, however, a county transportation authority may not, instead, directly reduce or eliminate fares only for (a) senior citizens, a category being created only on the basis of age, or (b) students attending public schools except (in the latter case) through an interlocal cooperation act agreement with participating school districts.(4) Likewise, although such action would not be constitutionally objectionable in the case of low income citizens or the handicapped, a county transportation authority presently lacks the requisite statutory authority to reduce or to entirely eliminate fares for those individuals.
AGO 1974 No. 17 >  August 7, 1974
CHILDREN - HEALTH - SALE - FIRE - SALE OF FLAMMABLE CHILDREN'S SLEEPWEAR
CHILDREN ‑- HEALTH ‑- SALE ‑- FIRE ‑- SALE OF FLAMMABLE CHILDREN'S SLEEPWEAR (1) The term "children's sleepwear" as defined in § 3, chapter 211, Laws of 1973, 1st Ex. Sess., (RCW 70.110.030) includes both infant sizes 0-6X and children's sizes 7-14; in addition, it also includes junior or adult sizes of sleepwear which are the physical equivalent of those children's sizes even though not designated as such. (2) The provisions of chapter 211, Laws of 1973, 1st Ex. Sess., are currently enforceable within the purview of the preemption clauses of the Federal Flammable Fabrics Act and Consumer Product Safety Act, and their enforceability with respect to children's sizes 7-14 or the equivalent is not dependent upon the effectiveness of certain federal regulations establishing flammability standards for those sizes of children's sleepwear which are not scheduled to take effect until May 1, 1975.
AGO 1984 No. 29 >  December 5, 1984
CHILDREN - MOTOR VEHICLES - MOTORCYCLES
CHILDREN AS PASSENGERS ON MOTORCYCLES (1) The provisions of RCW 46.61.687, relating to the transportation of young children as passengers in motor vehicles operated by the child's parent or legal guardian and requiring that the child be properly secured in a manner approved by the State Commission on Equipment, is applicable to the transportation of a child less than five years old on a motorcycle operated by his or her parent or guardian.(2) Until adequate child restraint devices for motorcycles are at some time developed, and then approved for use in this state by the State Commission on Equipment, it is, therefore, illegal for the parent or legal guardian of a child under five years of age to transport that child on his or her motorcycle, just as it would be illegal for them to transport their child in their automobile without an approved device.
AGO 1985 No. 13 >  August 13, 1985
DISTRICTS - SCHOOLS - FEES - CHILDREN
CHILDREN Schools are not authorized to charge fees for the administration of pre‑admission tests for early entrance of children into kindergarten or first grade classes.
AGO 1991 No. 34 >  December 16, 1991
SCHOOLS - DISTRICTS - SCHOOL PROPERTY - SCHOOL FUNDS - CHILDREN - HEALTH - DONATIONS
Authority of school district to purchase real estate to eliminate a potential health risk to students 1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.
AGO 1992 No. 9 >  June 4, 1992
DEPARTMENT OF SOCIAL AND HEALTH SERVICES - JUVENILE COURTS - CHILDREN - PUBLIC RECORDS
Public Disclosure of Records of Substitute Care Citizen Review Boards 1.  The Legislature created a citizen review board system that functions in an advisory capacity to the juvenile courts, the Department of Social and Health Services, and the Legislature.  The records of each board are the property of the board.  The records must be retained for at least six years unless adequate copies or reproductions are preserved or the board demonstrates to the local records committee that retention of such records for six years is unnecessary and uneconomical.  2.  The records are confidential and may only be disclosed when specifically authorized under the statutes protecting the records of juvenile justice or care agencies found in chapter 13.50 RCW.    3.  The board need not prepare a transcript of its review, so long as a verbatim record is maintained.
AGO 1987 No. 9 >  March 17, 1987
CHILDREN - CHILD ABUSE
REPORTING BY SCHOOL OFFICIALS‑‑ALLEGED ABUSE BY STUDENT RCW 26.44.030 does require school officials to report incidents of alleged child abuse when the alleged abuser is a fellow student.
AGO 1988 No. 5 >  March 8, 1988
CHILDREN - SCHOOLS TEACHERS - CRIMES - CHILD ABUSE
SCHOOLS TEACHERS 1.  State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints of child abuse allegedly perpetrated by third parties (that is, persons not the parent or guardian of the child and not standing in loco parentis to the child). 2. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a teacher against a child. 3. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a neighbor against a child. 4. Although the Department of Social and Health Services is ordinarily not legally obligated to investigate complaints alleging physical or sexual abuse against a child by third parties, an obligation to investigate might arise where the abuse by the third party is directly related to neglect or abuse by the child's parent or guardian or by a person standing in loco parentis to the child.
AGO 1989 No. 4 >  February 17, 1989
SURROGATE PARENT AGREEMENTS - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - PARENTAL OR SPOUSAL CONSENT - ADOPTION - PARENT AND CHILD - CHILDREN
SURROGATE PARENT AGREEMENTS ‑- CHILDREN ‑- PARENT AND CHILD ‑- ADOPTION ‑- PARENTAL OR SPOUSAL CONSENT ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES 1.Surrogate parent agreements in general are not unlawful in Washington.2.It is not lawful for a person, in return for money or other valuable consideration, to serve as a broker or otherwise arrange or facilitate a surrogate parenting agreement, unless the person is an agency certified or licensed by the Department of Social and Health Services as a child-placing agency or as an adoption agency, or unless the only payment is reimbursement or prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in transfer of child custody.3.A surrogate parenting agreement is not enforceable against a surrogate mother who withdraws her consent to relinquish her court approval of the consent.
AGLO 1976 No. 37 >  June 10, 1976
CHILDREN - PARENTS - CHILD ABUSE
PRESENCE OF PARENT DURING PRELIMINARY HEARING OF CHILD ABUSE COMPLAINT RCW 26.44.053(3) does not require that a parent or other person having legal custody of a child who has been reported as abused or neglected be made a "party" to a preliminary investigation by the state department of social and health services (including an interview with the child) conducted under RCW 26.44.050 for the purpose of verifying the substance of the report.
AGLO 1976 No. 77 >  December 21, 1976
CHILDREN
SCOPE OF CHILD ABUSE REPORTING LAW (1) The definition of "child abuse and neglect" contained in RCW 26.44.020 includes cases where the injury suffered is a mental as well as a physical injury and would also encompass cases of harm brought about by failure to provide adequate food, clothing or shelter. (2) The fact that Christian Science is specifically mentioned in RCW 26.44.020(3) does not mean that a parent or guardian practicing other religious beliefs, who thereby does not provide specified medical treatment for a child, is for that reason alone to be considered a negligent parent or guardian.
AGLO 1975 No. 25 >  March 11, 1975
SCHOOLS - COUNTIES - CHILDREN - DAY CARE CENTERS
AUTHORITY OF COUNTY TO PROVIDE DAY CARE CENTERS FOR CHILDREN OF WORKING MOTHERS Under existing law, a noncharter county may not expend federal revenue sharing moneys to fund a portion of the operation of a day care center for children of working mothers which is operated by a nonprofit corporation; however, to the extent permitted by Article VIII, § 7 of the state constitution such authority would be granted by the passage of House Bill No. 384 or Senate Bill No. 2151, currently pending before the 1975 legislature.
AGLO 1977 No. 18 >  April 26, 1977
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - ADOPTION - CHILDREN - PREPARATION OF NEXT FRIEND AND PREPLACEMENT REPORTS BY DEPARTMENT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- ADOPTION ‑- CHILDREN ‑- PREPARATION OF NEXT FRIEND AND PREPLACEMENT REPORTS BY DEPARTMENT Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.
AGLO 1977 No. 33 >  July 25, 1977
COURTS - JUVENILES - CHILDREN - FINGERPRINTS OF JUVENILE OFFENDERS
COURTS ‑- JUVENILES ‑- CHILDREN ‑- FINGERPRINTS OF JUVENILE OFFENDERS While the provisions of chapter 291, Laws of 1977, 1st Ex. Sess., relating to juvenile offenders, do not impliedly amend or repeal so much of § 1, chapter 259, Laws of 1977, 1st Ex. Sess., as requires the fingerprinting of juveniles adjudged to be delinquent based upon conduct which would be a felony if committed by an adult, one result of chapter 291, when it goes into effect on July 1, 1978, will be the elimination of that particular classification of individuals (i.e., a juvenile found to be delinquent) upon which chapter 259 will, in the meantime, operate; accordingly, on and after July 1, 1978, the fingerprinting of juvenile offenders will be permissive rather than mandatory.
AGLO 1974 No. 40 >  April 1, 1974
BONUS - VETERANS - VIETNAM - CHILDREN
ADOPTION A parent who has been deprived by a decree of a court of competent jurisdiction of custody of a deceased Vietnam veteran who would have been eligible for a veteran's bonus under RCW 73.34.020 is not entitled to receive survivor's benefits under subsection (3) thereof; however, such a parent may, as another other person, apply for and receive compensation for burial expenses under RCW 73.34.110.
AGLO 1974 No. 53 >  May 6, 1974
CHILDREN - MINORS - CRIMES - NONSUPPORT
SUPPORT BY NATURAL FATHER AND STEPFATHER Even though a stepfather is now obligated under chapter 207, Laws of 1969, Ex. Sess., to furnish necessary food, clothing, shelter and medical attendance for his stepchildren, the natural father of those children may still be subjected to a criminal prosecution for nonsupport under RCW 26.20.030 for failing to make court ordered child support payments.
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