HB 1434 — Eliminating the use of the valid court order exception to place youth in detention for noncriminal behavior.

H-1537.1SUBSTITUTEH-0767.1HOUSE HOUSE BILL 1434State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Human Services & Early Learning (originally sponsored by Representatives Frame, Eslick, Kilduff, Callan, Davis, Dolan, Fitzgibbon, Peterson, Ryu, Shewmake, Steele, Stonier, Sutherland, Kloba, Walen, Robinson, Stanford, Jinkins, Leavitt, and Ormsby)ANOrmsbyRead first time 01/22/19.Referred to Committee on Human Services & Early Learning.AN ACT Relating to eliminating the use of the valid court order exception to place youth in detention for noncriminal behavior;

amending RCW 7.21.030, 7.21.030, 13.32A.250, 13.32A.250, 13.32A.040, 13.32A.150, 13.34.165, 28A.225.090, 43.185C.260, 43.185C.265, and 2.56.032;

After this date, at-risk youth may not be committed to juvenile detention as a contempt sanction under chapter 13.32A RCW, and a warrant may not be issued for failure to appear at a court hearing that requires commitment of the at-risk youth to juvenile detention.(b) Until July 1, 2021, any at-risk youth committed to juvenile detention as a sanction for contempt under chapter 13.32A RCW, or for failure to appear at a court hearing under chapter 13.32A RCW, must be detained in such a manner so that no direct communication or physical contact may be made between the youth and any youth who is detained to juvenile detention pursuant to a violation of criminal law,law.Sec. unless these separation requirements would result in a youth being detained in solitary confinement.Sec.

The imprisonment may extend only so long as it serves a coercive purpose.(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.(c) An order designed to ensure compliance with a prior order of the court.(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.(e) In at-risk youth petition cases only under chapter((s)) 13.32A((, 13.34, and 28A.225)) RCW and subject to the requirements under RCW 13.32A.250, commitment to juvenile detention for a period of time not to exceed ((seven((seven))three days))seventy-twodays. hours, excluding Saturdays, Sundays, and holidays.

The seventy-two hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two hour period.

The imprisonment may extend only so long as it serves a coercive purpose.(b) A forfeiture not to exceed two thousand dollars for each day the contempt of court continues.(c) An order designed to ensure compliance with a prior order of the court.(d) Any other remedial sanction other than the sanctions specified in (a) through (c) of this subsection if the court expressly finds that those sanctions would be ineffectual to terminate a continuing contempt of court.(((e) In at-risk youth petition cases only under chapter 13.32A RCW and subject to the requirements under RCW 13.32A.250, commitment to juvenile detention for a period of time not to exceed seventy-twothree hours,days. excluding Saturdays, Sundays, and holidays.

The seventy-two hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two hour period.

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 in an at-risk youth proceeding 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) For at-risk youth proceedings only:(a) If the child fails to comply with the court order, the court may impose:(i) Community restitution;(ii) Nonresidential programs with intensive wraparound services;(iii) A requirement that the child meet with a mentor for a specified number of times;(iv)times; Parent teen mediation services and interventions offered by dispute resolution centers under chapter 7.75 RCW;

or(v)or(iv) Other services and interventions that the court deems appropriate.(b) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to ((seven((seven))three days))seventy-twodays, hours, or both for contempt of court under this section if (i) one of the less restrictive alternatives under (a) of this subsection has been attempted and another technical violation of the order has occurred, or (ii) the court issues a formal finding that none of the less restrictive alternatives is available.available.(((4)))(c) 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)))(d) A child involved in a child in need of services proceeding may not be placed in confinement under this section.(4) 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)))(5) For at-risk youth proceedings only, 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 must direct the court clerk to command the presence of the child by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the child would not appear in response to the command or finds probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, in which case the court may issue a warrant.

The seventy-two hour period excludes Saturdays, Sundays, and holidays and shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two hour period.(((4)))(c) 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)))(d) A child involved in a child in need of services proceeding may not be placed in confinement under this section.(4) 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)))(5) For at-risk youth proceedings only, 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 must direct the court clerk to command the presence of the child by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the child would not appear in response to the command or finds probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, in which case the court may issue a warrant.

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 ((in an at-risk youth proceeding)) 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) ((For at-risk youth proceedings only:(a) If the child fails to comply with the court order, the court may impose:(i) Community restitution;(ii) Nonresidential programs with intensive wraparound services;(iii) A requirement that the child meet with a mentor for a specified number of times;(iv)times; Parent teen mediation services and interventions offered by dispute resolution centers under chapter 7.75 RCW;

or(v)or(iv) Other services and interventions that the court deems appropriate.(b) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seventy-twothree hours,days, or both for contempt of court under this section if (i) one of the less restrictive alternatives under (a) of this subsection has been attempted and another technical violation of the order has occurred, or (ii) the court issues a formal finding that none of the less restrictive alternatives is available.available.(c) 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.(d) A child involved in a child in need of services proceeding may not be placed in confinement under this section.(4))) 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.(((5) For at-risk youth proceedings only, 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 must direct the court clerk to command the presence of the child by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the child would not appear in response to the command or finds probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, in which case the court may issue a warrant.

The seventy-two hour period excludes Saturdays, Sundays, and holidays and shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two hour period.(c) 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.(d) A child involved in a child in need of services proceeding may not be placed in confinement under this section.)) 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.(((5) For at-risk youth proceedings only, 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 must direct the court clerk to command the presence of the child by the issuance of a summons or other method approved by local court rule instead of a warrant, unless the court finds probable cause to believe that the child would not appear in response to the command or finds probable cause to believe that the arrest is necessary to prevent serious bodily harm to the juvenile or another, in which case the court may issue a warrant.

RCW 13.32A.040 and 2000 c 123 s 3 are each amended to read as follows:(1) If requested by the family, the department must provide families who are in conflict or who are experiencing problems with at-risk youth or a child who may be in need of services ((may request))with family reconciliation services, or its successor program, from the department before or once a petition is filed.

The department should provide these services in a timely manner once requested by the family.

The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services.

Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible.

Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth, children in need of services, or family conflicts.

These services may include, but are not limited to, referral to services for suicide prevention, psychiatric or other medical care, or psychological, mental health, drug or alcohol treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family, and training in parenting, conflict management, and dispute resolution skills.(2) The department must report to the appropriate committees of the legislature annually, beginning by December 31, 2019, on the use of family reconciliation services or its successor program, any significant reductions or outcomes within the program, and any recommendations for improvement.Sec.

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RCW 13.34.165 and 2000 c 122 s 21 are each amended to read as follows:(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)(((e))).(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 seven days.(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.)) 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)))(3)(a) Subject to (b) of this subsection, 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))is missing from care, the court may issue an order directing law enforcement to pick up and ((take))return the child to ((detention))department custody.

((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.))(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.Sec.

RCW 13.34.165 and 2000 c 122 s 21 are each amended to read as follows:(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)(((e))).(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 seven days.(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)))(3)(a) Subject to (b) of this subsection, 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))return the child to ((detention))department custody.

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.))(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.Sec.

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((or))(d)or(((iv)))(d) ParentOther teen mediation services and interventions offeredthat bythe disputecourt resolutiondeems centersappropriate.(((b) underIf chapterthe 7.75child RCW;continues to fail to comply with the court order and the court makes a finding that other measures to secure compliance have been tried but have been unsuccessful and no less restrictive alternative is available, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e).

or(e) Other services and interventions that the court deems appropriate.(((b) If the child continues to fail to comply with the court order and the court makes a finding that other measures to secure compliance have been tried but have been unsuccessful and no less restrictive alternative is available, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e).

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or)).(2)or(d) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued under this chapter or chapter 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW)).(2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

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Except for sections 4 and 6 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019.NEW SECTION.  Sec.

Except for sections 4 and 6 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019.NEW SECTION.  Sec.

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