S 0391

S‑0391.1 _____________________________________________

SENATE BILL 5208

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senator Hargrove

Read first time 01/16/2001. Referred to Committee on Human Services & Corrections.

_1 AN ACT Relating to contempt of court sanctions in juvenile

_2 courts; amending RCW 7.21.030, 13.32A.250, and 13.32A.250;

_3 providing an effective date; and providing an expiration date.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 7.21.030 and 1998 c 296 s 36 are each amended to read

_6 as follows:

_7 (1) The court may initiate a proceeding to impose a remedial

_8 sanction on its own motion or on the motion of a person aggrieved

_9 by a contempt of court in the proceeding to which the contempt is

10 related. Except as provided in RCW 7.21.050, the court, after

11 notice and hearing, may impose a remedial sanction authorized by

12 this chapter.

13 (2) If the court finds that the person has failed or refused to

14 perform an act that is yet within the person's power to perform,

15 the court may find the person in contempt of court and impose one

16 or more of the following remedial sanctions:

17 (a) Imprisonment if the contempt of court is of a type defined

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_1 in RCW 7.21.010(1) (b) through (d). The imprisonment may extend

_2 only so long as it serves a coercive purpose.

_3 (b) A forfeiture not to exceed two thousand dollars for each

_4 day the contempt of court continues.

_5 (c) An order designed to ensure compliance with a prior order

_6 of the court.

_7 (d) Any other remedial sanction other than the sanctions

_8 specified in (a) through (c) of this subsection if the court

_9 expressly finds that those sanctions would be ineffectual to

10 terminate a continuing contempt of court.

11 (e) In cases under chapters 13.32A, 13.34, and 28A.225 RCW,

12 commitment to juvenile detention for a period of time not to

13 exceed seven days. This sanction may be imposed in addition to,

14 or as an alternative to, any other ((~~remedial~~)) sanction

15 authorized by this chapter. ((~~This remedy is specifically~~

16 ~~determined to be a remedial sanction.~~))

17 (3) The court may, in addition to the remedial sanctions set

18 forth in subsection (2) of this section, order a person found in

19 contempt of court to pay a party for any losses suffered by the

20 party as a result of the contempt and any costs incurred in

21 connection with the contempt proceeding, including reasonable

22 attorney's fees.

23 Sec. 2. RCW 13.32A.250 and 2000 c 162 s 4 are each amended to read

24 as follows:

25 (1) In all child in need of services proceedings and at-risk

26 youth proceedings, the court shall verbally notify the parents and

27 the child of the possibility of a finding of contempt for failure

28 to comply with the terms of a court order entered pursuant to this

29 chapter. Except as otherwise provided in this section, the court

30 shall treat the parents and the child equally for the purposes of

31 applying contempt of court processes and penalties under this

32 section.

33 (2) Failure by a party to comply with an order entered under

34 this chapter is a ((~~civil~~)) contempt of court ((~~as provided in RCW~~

35 ~~7.21.030(2)(e), subject to the limitations of subsection (3) of~~

36 ~~this section~~)) subject to the provisions of chapter 7.21 RCW. The

37 seven-day limitation on confinement may be extended in limited

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_1 types of cases where the court finds the party has repeatedly been

_2 held in contempt, the party does not agree to comply with the

_3 court's order, and the court determines that detention is

_4 necessary to enforce the order of the court.

_5 (3) ((~~The court may impose remedial sanctions including a fine~~

_6 ~~of up to one hundred dollars and confinement for up to seven days,~~

_7 ~~or both for contempt of court under this section.~~

_8 ~~(4)~~)) A child placed in confinement for contempt under this

_9 section shall be placed in confinement either in a secure juvenile

10 detention facility operated by or pursuant to a contract with a

11 county or a secure facility that is a separate, secure section of

12 a juvenile detention facility. In no case may a child in contempt

13 be confined in a secure facility that is freestanding outside a

14 juvenile detention facility.

15 ((~~(5)~~)) (4) A motion for contempt may be made by a parent, a

16 child, juvenile court personnel, or by any public agency,

17 organization, or person having custody of the child under a court

18 order adopted pursuant to this chapter.

19 ((~~(6)~~)) (5) Whenever the court finds probable cause to believe,

20 based upon consideration of a motion for contempt and the

21 information set forth in a supporting declaration, that a child

22 has violated a placement order entered under this chapter, the

23 court may issue an order directing law enforcement to pick up and

24 take the child to detention or to a secure facility. The order

25 may be entered ex parte without prior notice to the child or other

26 parties. Following the child's admission to detention or to the

27 secure facility, a review hearing must be held in accordance with

28 RCW 13.32A.065.

29 Sec. 3. RCW 13.32A.250 and 2000 c 162 s 14 are each amended to

30 read as follows:

31 (1) In all child in need of services proceedings and at-risk

32 youth proceedings, the court shall verbally notify the parents and

33 the child of the possibility of a finding of contempt for failure

34 to comply with the terms of a court order entered pursuant to this

35 chapter. Except as otherwise provided in this section, the court

36 shall treat the parents and the child equally for the purposes of

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_1 applying contempt of court processes and penalties under this

_2 section.

_3 (2) Failure by a party to comply with an order entered under

_4 this chapter is a ((~~civil~~)) contempt of court ((~~as provided in RCW~~

_5 ~~7.21.030(2)(e), subject to the limitations of subsection (3) of~~

_6 ~~this section~~)) subject to the provisions of chapter 7.21 RCW. The

_7 seven-day limitation on confinement may be extended in limited

_8 types of cases where the court finds the party has repeatedly been

_9 held in contempt, the party does not agree to comply with the

10 court's order, and the court determines that detention is

11 necessary to enforce the order of the court.

12 (3) ((~~The court may impose remedial sanctions including a fine~~

13 ~~of up to one hundred dollars and confinement for up to seven days,~~

14 ~~or both for contempt of court under this section.~~

15 ~~(4)~~)) A child placed in confinement for contempt under this

16 section shall be placed in confinement only in a secure juvenile

17 detention facility operated by or pursuant to a contract with a

18 county.

19 ((~~(5)~~)) (4) A motion for contempt may be made by a parent, a

20 child, juvenile court personnel, or by any public agency,

21 organization, or person having custody of the child under a court

22 order adopted pursuant to this chapter.

23 ((~~(6)~~)) (5) Whenever the court finds probable cause to believe,

24 based upon consideration of a motion for contempt and the

25 information set forth in a supporting declaration, that a child

26 has violated a placement order entered under this chapter, the

27 court may issue an order directing law enforcement to pick up and

28 take the child to detention. The order may be entered ex parte

29 without prior notice to the child or other parties. Following the

30 child's admission to detention, a detention review hearing must be

31 held in accordance with RCW 13.32A.065.

32 NEW SECTION. Sec. 4. Section 2 of this act expires July 1,

33 2002.

34 NEW SECTION. Sec. 5. Section 3 of this act takes effect July 1,

35 2002.

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