HB1391 • Developmentally Appropriate Alternatives for Youth

Expands Washington's juvenile diversion system, extends eligibility to age 21, eliminates the parental veto on diversion participation, wipes completed diversions from criminal history, and creates a state grant program for community-based diversion providers.

Washington’s juvenile diversion system routes youth accused of offenses into community programs instead of formal court prosecution — a proven pathway for keeping young people out of the justice system. Prior to this law, the system had significant gaps: it cut off at age 18, parents could veto a youth’s participation, and completed diversions could still show up as criminal history. Advocacy organizations including TeamChild and the Legal Counsel for Youth and Children had identified these barriers as key drivers of youth justice involvement, particularly for youth of color. The bill was developed over multiple sessions before passing with overwhelming bipartisan support.

Signed by Governor Ferguson April 22, 2025 (Chapter 140, 2025 Laws, effective July 27, 2025), 2SHB 1391 extends diversion eligibility to age 21, eliminates the ability of parents or guardians to block a youth from participating in diversion, and explicitly excludes successfully completed diversions from the definition of “criminal history” under RCW 13.40.080. A new competitive grant program through DCYF funds community-based diversion providers, with priority for organizations that reduce racial and ethnic disparities, coordinate with schools, serve rural/underserved areas, or are smaller community organizations. The Administrative Office of the Courts must develop uniform statewide data standards by July 1, 2026, and publish annual disaggregated reports on diversion outcomes. Passed 91–2 in the House and 45–4 in the Senate.

• This is a direct school-to-prison pipeline intervention: diversion from prosecution keeps youth in their communities and schools rather than routing them into the justice system and its long-tail consequences.
• Eliminating the parental veto closes a significant gap — youth were being blocked from programs by family dynamics, not by their own choices or any risk assessment.
• Excluding completed diversions from criminal history is significant: it means a youth who successfully completes a diversion program carries no formal record of the incident, removing a barrier to education, employment, and housing.
• The DCYF grant program’s priority for organizations that “coordinate with schools” signals the legislature’s intent to treat school-involved youth as the primary population.
• The racial and ethnic disparity reduction priority in the grant criteria reflects legislative recognition that diversion, like formal prosecution, has historically been applied unevenly.
• The uniform data and annual reporting mandate is an advocacy tool: disaggregated statewide data will make future disparities in diversion access visible and actionable.
• The 2019 legislative findings codified in this bill document a return of over ,000 in societal benefit per diversion dollar — a strong economic argument alongside the equity case.