HOUSE BILL ANALYSIS

                  HB 2444

 

Title:  An act relating to contempt of court penalties in juvenile proceedings.

 

Brief Description:  Changing contempt sanctions in juvenile court proceedings.

 

Sponsors:  Representatives Dickerson, Ballasiotes, Schual‑Berke, Lambert, Kagi, Radcliff, Tokuda, Ruderman, Santos and Benson.

 

Brief Summary of Bill

 

     CSpecifically authorizes community service or other alternatives to detention for a contempt violation of a child in need of services or at-risk youth petition.

HOUSE COMMITTEE ON JUDICIARY

 

Staff:  Edie Adams (786-7180).

 

Background: 

 

The Family Reconciliation Act provides services and recourses for families that are in conflict and dealing with issues of children who run away, have substance abuse problems, or who are endangered because of behavior that their parents are unable to control.  If family reconciliation services fail to remedy the problems, a parent, child, or the Department of Social and Health Services (DSHS) may seek court assistance by filing an at-risk youth (ARY) or child in need of services (CHINS) petition.

 

The court may impose a number of conditions of supervision under an ARY or CHINS petition, including requirements to attend school, counseling, substance abuse or mental health treatment, or report to the DSHS.  Under a CHINS petition, the court may order an out-of-home placement for a child. 

 

A parent or child who does not comply with a court order under a CHINS or ARY petition is subject to contempt of court sanctions.  The court may impose remedial sanctions for the contempt, including a fine of up to $100 and confinement for up to seven days.  The law does not specifically state that community service or other specific remedial sanctions may be imposed, rather it authorizes remedial sanctions in general.

 

Summary of Bill: 

 

Specific reference to community service is added to the remedial sanctions that the court may impose for failing to comply with a court order under a CHINS or ARY petition. 

 

Community service means community service as defined in the juvenile offender statute:  compulsory service without compensation performed for the benefit of the community by the offender as punishment for an offense.

 

Fiscal Note:  Requested January 19, 2000.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                 Office of Program Research