H-3633              _______________________________________________

                                                   HOUSE BILL NO. 1463

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Belcher, Locke, Hargrove, Crane, Wang and Todd

Read first time 1/15/88 and referred to Committee on Judiciary.

AN ACT Relating to parents' compliance with residential provisions for a child; adding a new section to chapter 26.09 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.09 RCW to read as follows:

          (1) A motion may be filed without notice to initiate a contempt action to coerce a parent into compliance with an order establishing residential provisions for a child or to punish a parent for noncompliance with an order establishing residential provisions for the child.  If the court finds there is reasonable cause to believe the parent has not complied with the order establishing residential provisions, the court may issue an order to show cause requiring the parent to appear at a certain time and place for a hearing, at which time the parent may appear to show cause why the relief requested should not be granted.  A copy of the motion shall be served on the parent along with the order to show cause.

          (2) Service of the order to show cause shall be by personal service, or in the manner provided in the civil rules of superior court or applicable statute.

          (3) If the order to show cause served upon the parent included a warning that an arrest warrant could be issued for failure to appear, the court may issue a bench warrant for the arrest of the parent if the parent fails to appear on the return date provided in the order.

          (4) If, based on all the facts and circumstances, the court finds after hearing that the parent, without reasonable excuse, has not complied with the order establishing residential provisions previously entered, that the parent is presently able to comply with the order, and that the parent is presently unwilling to comply with the order, the court may find the parent in contempt of court.  The court may order the parent to be imprisoned in the county jail for contempt under this section until the parent agrees to comply with the order, but for not more than one hundred eighty days.

          (5) The parent shall be deemed to have the present ability to comply with the order establishing residential provisions unless he or she establishes otherwise by a preponderance of the evidence.  The parent shall establish a reasonable excuse for failure to comply with an order of residential placement by a preponderance of the evidence.

          (6) This section authorizes the exercise of the court's punitive and coercive contempt power and is in addition to any other contempt power the court may possess.