Wash. Rev. Code § 7.21.030

Current through 2024

Section 7.21.030 - Remedial sanctions-Payment for losses

(1) The court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of a person aggrieved by a contempt of court in the proceeding to which the contempt is related. Except as provided in RCW 7.21.050, the court, after notice and hearing, may impose a remedial sanction authorized by this chapter.

(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions:

(a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.010(1) (b) through (d). 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)

(i) In at-risk youth petition cases only under chapter 13.32A RCW and subject to the requirements under RCW 13.32A.250, commitment to a secure residential program with intensive wraparound services.

(ii) Beginning July 1, 2023, prior to committing any youth to a secure residential program with intensive wraparound services as a sanction for contempt in at-risk youth petition cases only under chapter 13.32A RCW, or for failure to appear at a court hearing in at-risk youth petition cases only under chapter 13.32A RCW, the court must:

(A) Consider, on the record, the mitigating and aggravating factors used to determine the appropriateness of detention for enforcement of its order;

(B) Enter written findings affirming that it considered all less restrictive options, that detention is the only appropriate alternative, including its rationale and the clear, cogent, and convincing evidence used to enforce the order;

(C) Afford the same due process considerations that it affords all youth in criminal contempt proceedings; and

(D) Seek input from all relevant parties, including the youth.

(iii) Nothing in this subsection (2)(e) or in RCW 13.32A.250, 13.34.165, or 28A.225.090 shall be construed to limit the court's inherent contempt power or curtail its exercise.

(3) The court may, in addition to the remedial sanctions set forth in subsection (2) of this section, order a person found in contempt of court to pay a party for any losses suffered by the party as a result of the contempt and any costs incurred in connection with the contempt proceeding, including reasonable attorney's fees.

(4) If the court finds that a person under the age of eighteen years has willfully disobeyed the terms of an order issued under *chapter 10.14 RCW, the court may find the person in contempt of court and may, as a sole sanction for such contempt, commit the person to juvenile detention for a period of time not to exceed seven days.

RCW 7.21.030

Amended by 2019 c 312,§ 6, eff. 7/1/2023.

Amended by 2019 c 312,§ 5, eff. 7/1/2021.

Amended by 2019 c 312,§ 4, eff. 7/1/2021.

Amended by 2019 c 312,§ 3, eff. 7/1/2021.

2001 c 260 § 6; 1998 c 296 § 36; 1989 c 373 § 3.

*Reviser's note: Chapter 10.14 RCW was repealed in its entirety by 2021 c 215 s 170, effective July 1, 2022.

Effective date- 2019 c 312 s s 6 and 9: "Sections 6 and 9 of this act take effect July 1, 2023." [2019 c 312 s 22.]

Effective date- 2019 c 312 s s 5 and 14: "Sections 5 and 14 of this act take effect July 1, 2021." [2019 c 312 s 21.]

Effective date- 2019 c 312 s s 4, 8, and 12: "Sections 4, 8, and 12 of this act take effect July 1, 2020." [2019 c 312 s 20.]

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

Findings-Intent-2001 c 260: "The legislature finds that unlawful harassment directed at a child by a person under the age of eighteen is not acceptable and can have serious consequences. The legislature further finds that some interactions between minors, such as "schoolyard scuffles," though not to be condoned, may not rise to the level of unlawful harassment. It is the intent of the legislature that a projection order sought by the parent or guardian of a child as provided for in this chapter be available only when the alleged behavior of the person under the age of eighteen to be restrained rises to the level set forth in chapter 10.14 RCW." [ 2001 c 260 s 1.]

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