S-1924               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5124

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State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Children & Family Services (originally sponsored by Senators Metcalf, Stratton and Bailey)

Read first time 2/17/89.

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:

          Cases involving allegations of child sexual abuse are serious and difficult.  Such cases deserve the careful and informed attention of the judicial system.  In addition to the policies set forth in chapter 7.69A RCW, the legislature adopts the following policies to be considered by judges, attorneys, court personnel, law enforcement personnel, and children's service providers in making decisions which affect sexually abused children.

          (1) Many judges, attorneys, court personnel, law enforcement personnel, and children's service providers are inadequately trained in recognizing and treating sexually abused children.  The legislature declares that it is important that these persons are offered training, as provided by law, in the recognition and treatment of sexually abused children.

          (2) Visitation restrictions, as provided by law, should be seriously considered by the judiciary because in many cases, contact between the alleged abuser and the abused child is detrimental to the child's welfare.

          (3) In making decisions regarding custody or visitation involving children who are alleged to have been sexually abused, the court should consider the wishes of the child, and all relevant evidence, including the testimony of professionals with expertise in the field of  sexual abuse of children.  Such evidence should be considered even if criminal charges of sexual abuse have not been filed.

          (4) In any proceeding involving allegations of child sexual abuse, the court shall appoint a guardian ad litem for the child and shall consider the guardian ad litem's recommendations in making decisions regarding custody or visitation:  PROVIDED, That the requirement of a guardian ad litem shall be deemed satisfied if the child is represented by counsel in the proceedings.