HOUSE BILL REPORT

ESHB 1523

BYHouse Committee on Human Services (originally sponsored by Representatives Leonard, Belcher, Cole, Brekke, Lux, Anderson, Brough, P. King and Valle)

Prohibiting visitation between abusive parent and child.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Brekke, Chair; Scott, Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 13, 1988

BACKGROUND:

The dissolution of marriage statutes deal with the processes surrounding the dissolution action, separation of property, child support and parenting plans for the children including custody and visitation rights.  Currently there is no provision for requiring conditions to be met prior to visitation when physical or sexual abuse of the child has occurred.

The dependency statutes include the processes required to protect children at risk of abuse and neglect.  After a child has been declared a dependent of the court and removed from the family home, the agency assigned the responsibility for the dependency must provide the court with a specific plan for treatment and care, the location of the out-of-home placement, the steps taken to reunify the family, and the actions planned to maintain the parent-child ties.  Currently there are no exclusions from or conditions required to be met, listed in the mandate to encourage regular parental visitation and participation in the care of the child while the child is in an out-of-home placement.

SUMMARY:

The provisions governing visitation rights within the dissolution of marriage, nonparental actions for child custody, and dependency statutes are amended to provide for limiting visitation if it is found that the parent or person seeking visitation has either abandoned the child or refused to perform parenting functions; physically, sexually or emotionally abused a child or committed domestic violence or assault or sexual assault which caused grievous harm or the fear of such harm.  The limitations on visitation shall protect the child from harm but if such limitations are not adequate, then all contact shall be restrained.  If the court finds that contact will not harm the child or if the possibility of the person's harmful conduct recurring is so remote that limitations would not be in the best interests of the child, such limitations on visitation are not required.

Fiscal Note:      Requested January 8, 1988.

House Committee ‑ Testified For:    Lonnie Johns-Brown, National Organization for Women; and Dr. Elaine Samuels, Citizen.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Currently visitation procedures are not oriented toward protecting the child who has been abused especially sexually. Visitation is still encouraged and even when supervised, the third party has been a person of the alleged abuser's choice. The court must be given an ability to prohibit or restrict visitation rights when there is any risk of harm to the child. Continued visitation with a person who has sexually abused a child will have long-term detrimental effects.  Before this time, the custodial parent had to go through the entire dependency process and even lose custody of their child without ensuring the protection of the child.

House Committee - Testimony Against:      None Presented.