Z-1395               _______________________________________________

                                                   HOUSE BILL NO. 1531

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Kremen, S. Wilson, Lux, Armstrong, Long, P. King and Day; by request of Attorney General

Read first time 1/17/86 and referred to Committee on Judiciary. On motion, referred to Committee on Social & Health Services 1/21/86.

AN ACT Relating to protection for vulnerable adults; and adding new sections to chapter 74.34 RCW.

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

NEW SECTION. Sec. 1.     The legislature finds that vulnerable adults, who are physically or emotionally abused or financially exploited may need the protection of the courts.  The legislature further finds that many of these elderly persons may be homebound or otherwise may be unable to represent themselves in court or to retain legal counsel in order to obtain the relief available to them under this chapter.

NEW SECTION. Sec. 2.     There shall exist an action known as a petition for an order for protection of a vulnerable adult in cases of abuse or exploitation.

          (1) A vulnerable adult may seek relief from abuse or exploitation, or the threat thereof, by filing a petition for an order for protection in superior court.

          (2) A petition shall allege that the petitioner is a vulnerable adult and that the petitioner has been abused or exploited or is threatened with abuse or exploitation by respondent.

          (3) A petition shall be accompanied by affidavit made under oath stating the specific facts and circumstances which demonstrate the need for the relief sought.

          (4) A petition for an order may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

          (5) A petitioner is not required to post bond to obtain relief in any proceeding under this section.

          (6) An action under this section shall be filed in the county where the   petitioner resides; except that if the petitioner has left the residence as a result of abuse or exploitation, or in order to avoid abuse or exploitation, the petitioner may bring an action in the county of either the previous or new residence.

NEW SECTION. Sec. 3.     The court shall order a hearing on a petition under section 2 of this act not later than fourteen days from the date of filing the petition.  Personal service shall be made upon the respondent not less than five court days before the hearing.  If timely service cannot be made, the court may set a new hearing date.  A petitioner may move for temporary relief under chapter 7.40 RCW.

NEW SECTION. Sec. 4.     The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

          (1) Restraining respondent from committing acts of abuse or exploitation;

          (2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

          (3) Prohibiting contact by respondent for a specified period or until further order of the court;

          (4) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

          (5) Restraining the transfer of property for a specified period not exceeding ninety days;

          (6) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

          Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.

NEW SECTION. Sec. 5.     When an order for protection under section 4 of this act is issued upon request of the petitioner, the court may order a peace officer to assist in the execution of the order of protection.

NEW SECTION. Sec. 6.     The department of social and health services, in its discretion, may seek relief under sections 2 through 5 of this act on behalf of and with the consent of any vulnerable adult.  Neither the department of social and health services nor the state of Washington shall be liable for failure to seek relief on behalf of any persons under this section.

NEW SECTION. Sec. 7.     Any proceeding under sections 2 through 6 of this act is in addition to any other civil or criminal remedies.

NEW SECTION. Sec. 8.     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.

NEW SECTION. Sec. 9.     Sections 1 through 7 of this act are added to chapter 74.34 RCW.