County of ______
Juvenile Court
STATE OF WASHINGTON v.
Respondent(s).
D.O.B.: / No:
Motion and Declaration for Declination Hearing
(MTAF)
I. Motion
The undersigned requests the court to schedule a hearing to determine whether the court should decline to exercise Juvenile Court jurisdiction over the above-named respondent and instead transfer the case to the Superior Court for respondent’s handling as an adult.
Dated: ______
Signature
______
Type or Print Name/Title/Agency/Bar Number
II. Declaration
I, ______, hereby declare as follows:
2.1I am ______. I make this declaration of personal knowledge and could and would competently testify to its contents.
2.2The respondent’s date of birth is: ______.
2.3The respondent is 14 years or younger at the time proceedings are pending and an information is filed charging respondent withmurder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050). A discretionary decline hearing is requested.
The respondent is at least 15 years old at the time proceedings are pending and an information is filed charging respondent with a serious violent offense as defined in RCW 9.94A.030. A discretionary decline hearing is requested.
The respondent is serving a minimum juvenile sentence to age twenty-one and an information is filed charging respondent with escape. A mandatory decline hearing must be held unless waived by the court, the parties, and their counsel.
The respondent was 16 or 17 years old when respondent allegedly committed an offense listed in RCW 13.04.030(1)(e)(v) and the respondent was under the exclusive jurisdiction of the adult criminal court for prosecution and:
The respondent was found not guilty of the offense(s) for which he or she was subject to adult criminal court and this court has jurisdiction over the disposition of the remaining offense(s): ______
______
______.
The respondent was convicted in the adult criminal court of a lesser included offense that is not also an offense listed in RCW 13.04.030(1)(e)(v):
______
______.
2.4Pursuant to RCW 13.40.110, the matter should be set for a hearingon the question of declining jurisdiction to determine whether to transfer the pending charge(s) for adult criminal prosecution.
Pursuant to RCW 13.04.030(1)(e)(v)(II), the matter should be set for a hearing on the question of declining jurisdiction to determine whether to retain the case in juvenile court for the purpose of disposition of any remaining offenses for which the respondent was found guilty in adult court, or, return the case to adult criminal court for sentencing.
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
Signed at ______on ______.
(Place)(Date)
______
Signature
______
Type or Print Name/Title/Agency/WSBA No.
MT/Decl. for Declination Hearing (MTAF) - Page 1 of 2
WPF JU 08.0100 (06/2018) - RCW 13.04.030(1)(e)(v), 13.40.110