H-4797              _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6506

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Children & Family Services (originally sponsored by Senators Metcalf, Pullen, McCaslin, Bailey, Kiskaddon, Owen, Lee, Zimmerman, Stratton, Saling and Johnson)

Read first time 2/5/88.

AN ACT Relating to a bill of rights for sexually abused children; and adding a new section to chapter 26.12 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.12 RCW to read as follows:

          The legislature believes that sexually abused children deserve certain recognition by the state of Washington.  The legislature thereby adopts the following policies to be considered by judges, attorneys, court personnel, and service providers in making decisions which affect sexually abused children.

          (1) AN EDUCATED AND TRAINED JUDICIARY. Many judges, attorneys, court personnel, and service providers are inadequately trained in recognizing and treating sexually abused children.  The legislature sets as a priority the training of these persons in the recognition and treatment of sexually abused children.

          (2) VISITATION RESTRICTIONS.  Visitation restrictions, as set forth in Substitute Senate Bill No. 6179, should be seriously considered by the judiciary because in many cases, contact between abuser and the abused child is not beneficial to the child.

          (3) A CONSIDERATION OF ALL RELEVANT EVIDENCE.  Any evidence pertaining to sexual abuse is relevant to any family or juvenile court proceeding.

          (4) JUDICIAL SUPPORT OF PROTECTING PARENTS.  Before holding one parent in contempt for denying contact between the abused child and the allegedly abusive parent in contravention of a court order, the court should first hold a hearing which includes full consideration of the allegation of sexual abuse.

          (5) PUBLIC SCRUTINY OF ATTEMPTS TO PUNISH A PROTECTING PARENT.  A change in a child's residence for the purpose of punishing the residential parent for not cooperating with the court is inappropriate.