PS 101 – Chapter 5 – Article 11 – On a Minor

RCW 4.28.080(11)
If against a minor under the age of fourteen years, to such minor personally, and also to his or her father, mother, guardian, or if there be none within this state, then to any person having the care or control of such minor, or with whom he or she resides, or in whose service he or she is employed, if such there be.

NOTE: A “minor” for the purposes of this statute is a person under the age of fourteen years of age.  This comes from the laws as created in the very early history of our state and certain case decisions.

Two services are required. One to the minor “personally” and the other to the minor’s father, mother, or guardian.

Do not present the minor’s copy to anyone except the minor him or her self.

Unfortunately we lack guidance from the wording of the statute or any based on case decision, therefore it is best practice to present the documents personally to the father, mother, or guardian.

The statute goes on to account for situations where there is no father, mother, or guardian “within this state” by allowing service on “any person having the care or control of such minor, or with whom he or she resides.”

Finally, and interestingly, this second service may be accomplished by presentation to the person “in whose service he or she is employed, if such there be.” This last is another example wording seriously out of step with current society.

Service Instructions Summary

Present the documents to:

	Who	When & Where
1.	To the minor personally and one of the following	Anytime Anywhere
2.	To the minor’s father or;	Anytime Anywhere
3.	To the minor’s mother or;	Anytime Anywhere
4.	To the minor’s guardian or;	Anytime Anywhere
5.	To any person having care and control of the minor or;	Anytime Anywhere
6.	To any person with whom the minor resides or;	Anytime Anywhere
7.	To any person for whom the minor is employed	Anytime Anywhere

NOTE: In hand service to the minor is required. Abode service may be allowed on #2 through #7 but do not leave their copy with the minor being served.

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.

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