5500-S.E AMH CARR BLIN 32

ESSB 5500 - H AMD TO APP COMM AMD (H-2463.1/01)

By Representative Carrell

     On page 8, line 25 of the amendment, after Apast@ strike Aone hundred eighty days from the day the review hearing commenced@ and insert A((one hundred eighty days from the day the review hearing commenced)) nine months from the dispositional hearing unless the court finds that there are compelling reasons for an extension of out-of-home placement.  Any extension granted pursuant to this subsection shall not exceed one year@

     On page 8, at the beginning of line 29, strike Aone hundred eighty days@ and insert A((one hundred eighty days)) nine months@

     On page 11, line 13 of the amendment, after Apast@ strike Aone hundred eighty days from the day the review hearing commenced@ and insert A((one hundred eighty days from the day the review hearing commenced)) nine months from the dispositional hearing@

     One page 11, line 17, after Aexceed@ strike Aninety days@ and insert A((ninety days)) one year@

     On page 19, after line 34, insert:

ASec. 14.  RCW 13.32A.250 and 2000 c 162 s 4 are each amended to read as follows:

     (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter.  Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

     (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

     (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

     (4) If a party fails to comply with a civil contempt order entered under this section, the court may impose either civil contempt sanctions as provided in RCW 7.21.030(2)(e), or criminal contempt sanctions as provided in RCW 7.21.040.

(5) A child placed in confinement for contempt under this section shall be placed in confinement either in a secure juvenile detention facility operated by or pursuant to a contract with a county or a secure facility that is a separate, secure section of a juvenile detention facility.  In no case may a child in contempt be confined in a secure facility that is freestanding outside a juvenile detention facility.

     (((5)))(6) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

     (((6)))(7) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention or to a secure facility.  The order may be entered ex parte without prior notice to the child or other parties.  Following the child's admission to detention or to the secure facility, a review hearing must be held in accordance with RCW 13.32A.065.

     Sec. 15.  RCW 13.32A.250 and 2000 c 162 s 14 are each amended to read as follows:

     (1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter.  Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

     (2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

     (3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

     (4) If a party fails to comply with a civil contempt order entered under this section, the court may impose either civil contempt sanctions as provided in RCW 7.21.030(2)(e), or criminal contempt sanctions as provided in RCW 7.21.040.

(5) A child placed in confinement for contempt under this section shall be placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

     (((5)))(6) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

     (((6)))(7) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention.  The order may be entered ex parte without prior notice to the child or other parties.  Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.@

     Renumber the sections consecutively and correct internal references accordingly.

     On page 20, line 14, after ASec. 15.@ strike ASection 9 of this act expires" and insert ASections 9 and 14 of this act expire@

     On page 20, line 15, after ASec. 16.@ strike ASection 10 of this act takes effect@ and insert ASections 10 and 15 of this act take effect@

EFFECT:  Clarifies that ChINS and ARY proceedings terminate nine months from the dispositional hearing.  Allows courts to extend the expiration of ChINS and ARY proceedings.  Allows courts to pursue criminal contempt sanctions once a party violates civil contempt sanctions.