AN ACT Relating to a bill of rights for sexually abused children; amending RCW 26.10.080 and 26.10.160; and adding a new section to chapter 26.10 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.10 RCW to read as follows:

Because sexually abused children should be entitled to certain rights, the following principles are adopted by the state of Washington as a bill of rights for sexually abused children.

(1) NO FORCED CONTACT WITH THE ABUSER. If a court determines that a child has been sexually abused by a parent, all visitation between the child and that parent shall be prohibited until the abusive parent successfully completes an approved treatment program for such abusers and the child is emotionally ready to have contact with that parent.

(2) NONPUNITIVE CUSTODY DETERMINATIONS. Custody of a child shall never be changed solely to punish the custodial parent for lack of cooperation with the court.

(3) AN EDUCATED AND TRAINED JUDICIARY. Every juvenile, family, and criminal court judge shall complete a training program on the diagnosis and treatment of child sexual abuse.

(4) A CONSIDERATION OF ALL RELEVANT EVIDENCE. In any juvenile or family court proceedings concerning the sexual abuse of one child, evidence that the parent in question has sexually abused another child shall always be admissible.

(5) AN OPEN-MINDED AND UNBIASED JUDICIARY. Despite the fact that a court has previously determined allegations of sexual abuse of a child were not proven, the court without prejudice shall always consider any competent new evidence of the sexual abuse brought before it.

(6) COMPETENT EXPERT TESTIMONY. Competent expert testimony that a child suffers from the "child sexual abuse syndrome" shall always be admissible in any court proceeding concerning the child's welfare.

(7) A FINANCIALLY EMPOWERED PROTECTING PARENT. The abusive parent shall pay all court costs, attorneys' fees incurred by the innocent parent in protecting the child, and the cost of therapy for the child.

(8) JUDICIAL SUPPORT OF PROTECTING PARENTS. No parent may be punished for contempt of court for failure to comply with a court order for visitation, where the parent in good faith has reasonable grounds, based on competent expert opinion, to believe that the other parent has sexually abused the child.

(9) PUBLIC SCRUTINY OF ATTEMPTS TO PUNISH A PROTECTING PARENT. Any parent charged with contempt of court for failing to comply with court ordered visitation shall be entitled to a full public hearing.

Sec. 2. Section 35, chapter 460, Laws of 1987 and RCW 26.10.080 are each amended to read as follows:

Except as otherwise provided in this section, the court from time to time, after considering the financial resources of all parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment. In the case where the visitation rights of a parent have been limited or denied due to that parent's sexual abuse of the child, the court shall order the abusive parent to pay all costs and attorneys' fees incurred by the nonabusive parent in protecting the child.

Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney's fees in addition to statutory costs.

The court may order that the attorney's fees be paid directly to the attorney who may enforce the order in his or her name.

Sec. 3. 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. If a court determines that a child has been sexually abused by a parent, all visitation between the child and that parent shall be prohibited until the abusive parent successfully completes a treatment program for such abusers and the child is emotionally ready to have contact with that parent. 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.