FARE ENFORCEMENT SOP: HANDLING JUVENILES

1.0 PURPOSE:

This directive establishes the Standard Operating Procedure to be used
by the Fare Enforcement Division of King County Metro (KCM) in for
handling juveniles during Fare Enforcement Operations.

2.0 SCOPE:

This directive applies to all King County Metro Fare Enforcement
Officers.

3.0 DEFINITIONS:

a.  COACH – Any Rapid Ride vehicle where FEOs have legal authority to
    enforce the Washington State RCWs relating to KC Metro’s Fare
    Payment Policy

b.  FE - Fare Enforcement

c.  FEO – Fare Enforcement Officer

d.  GUARDIAN – A person having legal authority/custody of a child

e.  JUVENILE – A person under the age of 18

f.  KCM - King County Metro

g.  NOI - Notice of Infraction

h.  POP - Proof of Payment

i.  RCW – Revised Code of Washington.

j.  SOP - Standard Operating Procedure

4.0 AUTHORITY:

It is King County Metro’s policy to handle juveniles as a special
population. RCW 26.28.010 sets the Age of Majority at 18 years of age.
RCW 9A.04.050 specifically outlines that a child under eight years of
age is incapable of committing a crime and a child of eight and under
the age of twelve years of age is presumed to be incapable of committing
a crime. The presumption for a child of eight and under the age of
twelve years of age may be removed if there is proof that they have
sufficient capacity to understand their actions and know that they were
wrong.

RCW 13.40 is the Juvenile Justice Act of 1977.

RCW 13.40.250 governs traffic and civil infraction cases.

RCW 13.40.070 governs complaints to the juvenile court.

RCW 13.40.100 sets forth that the parents/guardians will be summoned by
the court whenever the juvenile is also summoned.

RCW 13.04.030 allows for a court of limited jurisdiction to preside over
infractions that are committed when the juvenile is 16 or 17 years of
age. The court of limited jurisdiction is generally the District Court
of the county where the violation was committed.

5.0 JUVENILE VIOLATORS 12 YEARS OF AGE AND UNDER:

a.  FEOs will not issue NOIs to juveniles 16 years of age or under.

b.  As set forth in Section 8.0 of this document, whenever an FEO
    contacts a juvenile without valid POP who is 16 years of age or
    under, the FEO will contact the parents/guardians.

c.  The FEO will not take a juvenile off the coach and leave them
    unattended.

    i.  If a juvenile leaves the scene by means other than re-boarding a
        coach, FEOs will write an incident report surrounding the facts
        of the incident. (This only applies to juveniles between 8 and
        12 years of age.)

d.  When a juvenile between 8 and 12 years of age becomes a habitual
    violator (three (3) or more contacts without valid POP in a one year
    period), the FEO will contact King County Metro Police to determine
    if they will file a case with the juvenile prosecutor.

    ii. It will be critical to have detailed narratives from the
        previous contacts in order to remove the incapable presumption
        and file a NOI. These previous warning narratives will be
        provided to the FE Filing Officer in a format similar to a
        Misdemeanor Fare Evasion Statement outlined in SOP-TS 102-05.

6.0 JUVENILE VIOLATORS 13 TO 15 YEARS OF AGE:

a.  Juveniles 13, 14, or 15 years of age will be handled as all other
    KCM FE SOPs direct.

b.  As set forth in Section 8.0 of this document, whenever an FEO
    contacts a juvenile who is 13, 14, or 15 years of age without valid
    Proof of Payment (POP), the FEO may contact the parents/guardians if
    they feel it is necessary based on the totality of the
    circumstances.

c.  When a juvenile 13, 14, or 15 years of age becomes a habitual
    violator (found to be without valid POP), the FEO will attempt to
    contact the parents/guardians of the juvenile upon the 3^(rd)
    contact in a one year period, regardless of whether the juvenile is
    to receive a Warning or Notice of Infraction (NOI). The FEO shall
    advise the parents/guardians of the consequences of repeated fare
    violations.

d.  The proper court for these NOIs is the Juvenile Court.

7.0 JUVENILE VIOLATORS 16 AND 17 YEARS OF AGE:

a.  Juveniles 16 or 17 years of age will be handled as all other KCM FE
    SOPs direct.

b.  As set forth in Section 8.0 of this document, whenever an FEO
    contacts a juvenile without valid POP who is 16 or 17 years of age,
    the FEO may contact the parents/guardians if they feel it is
    necessary based on the totality of the circumstances.

c.  The proper court for these NOIs is the District Court.

8.0 CONTACT OF A PARENT/GUARDIAN REQUIREMENTS:

a.  Whenever a FEO contacts a juvenile without POP who is 12 years of
    age and under, the FEO shall immediately contact the
    parent/guardians.

    i.  The FEO will identify the juvenile and obtain a phone number for
        the parent or guardian.

    ii. The FEO will contact the parent or guardian and explain the
        circumstances.

    iii. The FEO and the parent or guardian will attempt to reach
        agreement on how to resolve the circumstances, including how to
        safely get the juvenile to their original destination. If the
        FEO and the parent or guardian are not able to reach agreement,
        or if the parent or guardian is not able to be reached, the FEO
        will call King County Metro Transit Police for assistance.

    iv. The FEO will document this contact by making a Warning Log entry
        and will attach a narrative giving the details of the fare
        violation, parent/guardian contact and the outcome.

b.  Whenever an FEO has issued a NOI to a juvenile who is 13, 14, or 15
    years of age the FEO will attempt to contact the parents/guardians
    to advise them of the pending NOI and the circumstances surrounding
    the charge. However, this contact may be done after the contact has
    been completed.

c.  FEOs will treat juveniles who are 16 or 17 years of age in the same
    manner as adults when they are charged with an infraction. The FEO,
    as a courtesy, may, depending on the surrounding circumstances,
    contact a parent/guardian to advise them of the pending NOI and the
    circumstances surrounding the charge. However, this is not required.

9.0 SAFETY AND SECURITY OF A JUVENILE IS OF UTMOST IMPORTANCE:

a.  King County Metro expects FEOs to utilize the utmost care in any
    dealings with juveniles. Whenever a juvenile is contacted, the top
    priority is their safety and security.

b.  FEOs will inform the juvenile that they are allowed to board the
    next available coach even if they are unable to pay the required
    fare. The FEO may provide the juvenile with a Free Ride Pass.

c.  FEOs are not authorized to physically force a juvenile to re-board a
    coach.

10.0 REVIEW:

The KCM Contract Security Coordinator or Delegate will ensure all
Directives, Policies, and Procedures are reviewed at least annually to
ensure compliance with King County Metro Security Division policy.
Directives, Policies, and Procedures will be updated immediately if
division procedure changes or when a facility adds or deletes post
positions or procedures and duties.

11.0 SUPERSESSION: All previous Fare Enforcement Manuals. All
memorandums are unaffected.

12.0 EFFECTIVE DATE: 01/15/2015

  ISSUING AUTHORITY

___________________

Gail Israelson

KCM Contract Security Coordinator