AN ACT Relating to visitation rights; and amending RCW 26.10.160, 26.09.191, and 26.09.240.

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

Sec. 1. Section 44, chapter 460, Laws of 1987 and RCW 26.10.160 are each amended to read as follows:

A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical, mental, or emotional health. Whenever the court finds by a preponderance of the evidence that a parent or any other person requesting visitation has subjected the child to physical abuse, or sexual abuse or exploitation as defined in RCW 26.44.020, the court shall prohibit visitation between the abusive parent or person requesting visitation and a child until such parent or person requesting visitation proves by a preponderance of the evidence that visitation would not cause physical, emotional, or psychological damage to a child. Should visitation be allowed, the court shall order such restrictions, conditions, and safeguards necessary to prevent emotional or physical harm to the child. The court may order that the costs incurred in compliance with this section be borne by the abusive parent or person requesting visitation. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.

The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child ((~~but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical, mental, or emotional health~~)).

Sec. 2. Section 10, chapter 460, Laws of 1987 and RCW 26.09.191 are each amended to read as follows:

(1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct: (a) Wilful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an act of domestic violence which rises to the level of a felony.

(2) The parent's residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (a) Wilful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; or (b) ((~~physical, sexual, or emotional abuse of a child; or (c)~~)) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an act of domestic violence which rises to the level of a felony, unless the court expressly finds that the probability that the conduct will recur is so remote that it would not be in the child's best interests to apply the limitation or unless it is shown not to have had an impact on the child. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court.

(3) Whenever the court finds by a preponderance of the evidence that a parent has subjected the child to physical abuse, or sexual abuse or exploitation as defined in RCW 26.44.020, the court shall prohibit contact between the abusive parent and a child until such parent proves by a preponderance of the evidence that contact with a child would not cause physical, emotional, or psychological damage to a child. Should contact be allowed, the court shall order such restrictions, conditions, and safeguards necessary to prevent emotional or physical harm to a child. The court may order that the costs incurred in compliance with this section be borne by the abusive parent.

(4) A parent's involvement or conduct may have an adverse effect on the child's best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist:

(a) A parent's neglect or substantial nonperformance of parenting functions;

(b) A long-term emotional or physical impairment which interferes with the parent's performance of parenting functions as defined in RCW 26.09.004;

(c) A long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions;

(d) The absence or substantial impairment of emotional ties between the parent and the child;

(e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;

(f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

(g) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

((~~(4)~~)) (5) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

Sec. 3. Section 24, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 18, chapter 460, Laws of 1987 and RCW 26.09.240 are each amended to read as follows:

(1) The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

(2) Whenever the court finds by a preponderance of the evidence that the person requesting visitation has subjected the child to physical abuse, or sexual abuse or exploitation as defined in RCW 26.44.020, the court shall prohibit visitation between the person requesting it and the child or any sibling until such person proves by a preponderance of the evidence that visitation would not cause physical, emotional, or psychological damage to the child or any sibling. Should visitation be allowed, the court shall order such restrictions, conditions, and safeguards necessary to prevent emotional or physical harm to the child or the child's siblings. The court may order that the costs incurred in compliance with this section be borne by the person requesting visitation.

(3) Any person may petition the court for visitation rights at any time.

(4) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.