Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Early Learning & Children's Services Committee

HB 2729

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Increasing the period of confinement available for contempt of court.

Sponsors: Representatives Hope, O'Brien, Haler, Pearson and Ross.

Brief Summary of Bill

  • Increases from seven to sixty the number of days of confinement a court may order when a child or parent fails to comply with an order entered in a Child in Need of Services (CHNS), an At-Risk Youth (ARY), or child dependency proceeding.

  • Permits the court to apply its inherent contempt authority without first exhausting remedial options when a child or parent fails to comply with an order entered in a CHNS, ARY, or child dependency proceeding.

Hearing Date: 1/26/10

Staff: Sydney Forrester (786-7120).

Background:

Child in Need of Services (CHNS), At-Risk Youth (ARY), and child dependency proceedings are civil proceedings and do not include allegations of criminal conduct. In general, these proceedings all arise out of actual or perceived crisis or conflict within the family. Both CHNS and ARY proceedings are within the Family Reconciliation Act. Dependency and termination proceedings are within the Juvenile Court Act. In all cases, the court may enter orders directing the parent or the child to take or refrain from taking certain actions. The scope of the court's orders in these civil proceedings may include: where the child will live (at home or in an out-of-home placement); child support (if the parent is able to pay, and if the parent does not oppose the out-of home placement); school attendance; counseling; substance abuse treatment or outpatient mental health treatment; and regular reporting to the Department of Social and Health Services (DSHS) or other agency.

At-Risk Youth

An At-Risk Youth is a child under the age of 18 years who meets one or more of the following criteria:

A parent may file an ARY petition requesting assistance from the juvenile court in providing appropriate care, treatment, and supervision, subject to the availability of juvenile court services and resources. The Legislature's intent in enacting the ARY process was to preserve, strengthen, and reconcile families experiencing problems with at-risk youth.

Child in Need of Services

A Child in Need of Services is a child under the age of 18 years:

A parent, child, or the DSHS may file a CHNS petition requesting the court order placement for the child. In certain circumstances the DSHS is required to file a CHNS petition to obtain court approval for a youth to remain in a crisis residential center for longer than 72 hours.

Dependent Child

A dependency petition may be filed by any person alleging a child is has been abandoned; had been abused or neglected by a person legally responsible for his or her care; or has no parent, guardian, or custodian capable of adequately caring for the child. A dependency proceeding supersedes a CHNS or ARY proceeding.

Contempt

Contempt of court can be classified in a number of ways depending on the context. Indirect contempt, also called civil contempt, can be broken down into two subcategories categories: remedial or punitive. In general, remedial contempt is designed to coerce compliance with an order of the court and should allow the contemnor the opportunity to purge the contempt through compliance. Punitive contempt, on the other hand, is designed to punish an offensive or disrespectful behavior, and does not include an opportunity to purge the contempt.

In CHNS, ARY, and child dependency proceedings, the court has statutory authority to order confinement of up to seven days for a child or parent who fails to comply with a provision of a court order.

Summary of Bill:

In a CHNS, ARY, or dependency proceeding, if the court finds a parent or child in civil contempt of court for failure to comply with any provision of an order entered in the proceeding, the court may order confinement of the parent or child for up to 60 days. The court is not required to exhaust its remedial options before applying its inherent contempt authority, including ordering confinement for contempt of court.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.