13.34.165 Civil contempt—Grounds—Motion—Penalty—Detention review hearing.

WA Rev Code § 13.34.165 (2019) (N/A)
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RCW 13.34.165 Civil contempt—Grounds—Motion—Penalty—Detention review hearing.(Effective until July 1, 2020.)

(1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030(2).

(2) The maximum term of confinement that may be imposed as a remedial sanction for contempt of court under this section is confinement for up to seventy-two hours.

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

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

(5)(a) Subject to (b) of this subsection, whenever the court finds probable cause to believe, based upon consideration of a motion and the information set forth in a supporting declaration, that a child is missing from care, the court may issue an order directing law enforcement to pick up and return the child to department custody.

(b) If the department is notified of the child's whereabouts and authorizes the child's location, the court must withdraw the order directing law enforcement to pick up and return the child to department custody.

(6) Nothing in this section shall be construed to limit the court's inherent contempt power or curtail its exercise.

[ 2019 c 312 § 11; 2000 c 122 § 21; 1998 c 296 § 38; 1996 c 133 § 29; 1989 c 373 § 17; 1985 c 257 § 1.]

NOTES:

Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.

Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.

Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.

Severability—1985 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 257 § 12.]

RCW 13.34.165

Civil contempt—Grounds—Motion—Penalty—Detention review hearing. (Effective July 1, 2020.)

(1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030(2).

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

(3)(a) Subject to (b) of this subsection, whenever the court finds probable cause to believe, based upon consideration of a motion and the information set forth in a supporting declaration, that a child is missing from care, the court may issue an order directing law enforcement to pick up and return the child to department custody.

(b) If the department is notified of the child's whereabouts and authorizes the child's location, the court must withdraw the order directing law enforcement to pick up and return the child to department custody.

(4) Nothing in this section shall be construed to limit the court's inherent contempt power or curtail its exercise.

[ 2019 c 312 § 12; 2019 c 312 § 11; 2000 c 122 § 21; 1998 c 296 § 38; 1996 c 133 § 29; 1989 c 373 § 17; 1985 c 257 § 1]

NOTES:

Effective date—2019 c 312 §§ 4, 8, and 12: See note following RCW 7.21.030.

Findings—Intent—2019 c 312: See note following RCW 7.21.080.

Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.

Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.

Severability—1985 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 257 § 12.]