BILL REQ. #:  S-1624.6 



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SUBSTITUTE SENATE BILL 5470
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State of Washington60th Legislature2007 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Stevens, McAuliffe, Brown and Regala)

READ FIRST TIME 02/23/07.   



     AN ACT Relating to dissolution proceedings; amending RCW 26.09.002, 26.12.050, 26.12.060, 26.12.240, 2.56.180, 26.09.020, 26.09.191, 26.12.177, 26.09.015, 26.09.030, 26.09.187, and 26.09.197; reenacting and amending RCW 2.56.030; adding new sections to chapter 26.09 RCW; adding a new section to chapter 26.12 RCW; adding a new section to chapter 2.53 RCW; adding a new section to chapter 26.18 RCW; creating new sections; and making appropriations.

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

PART I - Appropriations

NEW SECTION.  Sec. 101   (1) The sum of one million nine hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and one million two hundred thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the administrative office of the courts for the purposes of funding twenty full-time equivalent positions statewide to provide family court liaison services and to develop training curricula and provision of statewide training for family court liaison. The administrative office of the courts shall develop an equitable funding formula for courthouse liaison services.
     (2) The sum of one million five hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and one million five hundred thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the administrative office of the courts for the purposes of funding mediation services for dissolution matters as provided in sections 401 and 501 of this act. The administrative office of the courts shall consult with Resolution Washington in developing an equitable funding formula to the counties for mediation services.
     (3) The sum of fifty thousand dollars of the general fund--state appropriation for fiscal year 2008 and fifty thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the administrative office of the courts for the purposes of developing a residential time summary form and reporting compiled information as specified in sections 801 and 802 of this act and for reimbursing the county clerks for copies of the handbook specified in RCW 2.56.180.
     (4) The sum of one hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and one hundred thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the department of social and health services for the data tracking purposes specified in sections 801 and 802 of this act.
     (5) The sum of three million one hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and three million one hundred thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the office of civil legal aid to enhance funding for qualified legal aid programs for legal representation of indigent persons in matters relating to domestic violence in domestic relations and family law matters.
     (6) The sum of five hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and five hundred thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the department of community, trade, and economic development for the development and funding of supervised visitation and safe exchange centers.
     (7) Counties receiving funds from the appropriations in this section must agree not to use such funds to supplant existing funding levels for maintenance of the courts.
     (8) The sum of three hundred thousand dollars of the general fund--state appropriation for fiscal year 2008 and one hundred fifty thousand dollars of the general fund--state appropriation for fiscal year 2009 are provided to the supreme court or, if the supreme court does not establish the task force described in section 405 of this act within ninety days of the effective date of this section, to the office of civil legal aid for the sole purpose of administering and supporting the task force established in section 405 of this act.

PART II - Intent

Sec. 201   RCW 26.09.002 and 1987 c 460 s 2 are each amended to read as follows:
     Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children. In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. Residential time and financial support are equally important components of parenting arrangements. The best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health and stability, and physical care. Further, the best interest of the child is ordinarily served when the existing pattern of interaction between a parent and child is altered only to the extent necessitated by the changed relationship of the parents or as required to protect the child from physical, mental, or emotional harm.

NEW SECTION.  Sec. 202   A new section is added to chapter 26.09 RCW to read as follows:
     The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existing legislative intent the legislature finds that incentives for parties to reduce family conflict and additional alternative dispute resolution options can assist in reducing the number of contested trials. Furthermore, the legislature finds that the identification of domestic violence as defined in RCW 26.50.010 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. When judicial officers have the discretion to tailor individualized resolutions, the legislative intent expressed in RCW 26.09.002 can more readily be achieved. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them.

PART III - Family Court Provisions

Sec. 301   RCW 26.12.050 and 1993 c 15 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, in each county the superior court may appoint the following persons to assist the family court in disposing of its business:
     (a) One or more attorneys to act as family court commissioners, and
     (b) Such liaisons, investigators, stenographers, and clerks as the court shall find necessary to carry on the work of the family court.
     (2) The county legislative authority must approve the creation of family court commissioner positions.
     (3) The appointments provided for in this section shall be made by majority vote of the judges of the superior court of the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Family court commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a family court commissioner may also be appointed to any other commissioner position authorized by law.

NEW SECTION.  Sec. 302   A new section is added to chapter 26.12 RCW to read as follows:
     (1) A county shall create a family court liaison program to provide basic services to all parties in family law cases. As part of its responsibility to administer a curriculum of training for family court liaisons, the administrative office of the courts shall develop a curriculum and deliver training to enable family court liaisons to conduct an initial screen for domestic violence as defined in RCW 26.50.010, child abuse and neglect, substance abuse, and mental health issues and make referrals for comprehensive evaluations as appropriate. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under this title, or both, to pay for the expenses of the family court liaison program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. Family court liaisons shall provide services to indigent persons at no expense.
     (2) The family court liaisons shall: (a) Be the initial point of contact for parties in family law matters under Title 26 RCW; (b) provide those parties with information regarding courthouse facilitation programs and orientations; (c) provide pro se litigants with information regarding the venue limitations and residency requirements of this chapter; (d) inform those parties of alternatives to filing a dissolution petition, such as marriage counseling; (e) inform those parties of alternatives to litigation including counseling, legal separation, and mediation services if appropriate; (f) inform those parties that a search of the judicial information system for limiting factors under RCW 26.09.191 will be conducted; (g) review information from the judicial information system to ascertain whether limiting factors under RCW 26.09.191 apply; (h) report any information regarding limiting factors to the court; and (i) be available to assist the court in superior court cases filed under this title.

Sec. 303   RCW 26.12.060 and 1999 c 397 s 7 are each amended to read as follows:
     The court commissioners shall: (1) Make appropriate referrals to county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of court commissioners; (4) make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause other reports to be made and records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; ((and)) (8) conduct hearings under Title 13 and chapter 28A.225 RCW, as provided in RCW 13.04.021; and (9) advise all parties that a person who, knowingly, intentionally, and in bad faith, makes a false statement to the court may be found guilty of the crime of perjury.

Sec. 304   RCW 26.12.240 and 2005 c 457 s 15 are each amended to read as follows:
     A county ((may)) shall create a courthouse facilitator program to provide basic services to pro se litigants in family law cases. The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars on only those superior court cases filed under Title 26 RCW, or both, to pay for the expenses of the courthouse facilitator program. Fees collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section.

Sec. 305   RCW 2.56.180 and 2005 c 282 s 10 are each amended to read as follows:
     (1) The administrative office of the courts shall create a handbook explaining the sections of Washington law pertaining to the rights and responsibilities of marital partners to each other and to any children during a marriage and a dissolution of marriage. The handbook may also be provided in videotape or other electronic form.
     (2) The handbook created under subsection (1) of this section shall be provided by the county auditor when an individual applies for a marriage license under RCW 26.04.140.
     (3) The handbook created under subsection (1) of this section shall also be provided to both parties when an individual files a petition for dissolution pursuant to RCW 26.09.020. The administrative office of the courts shall on an annual basis reimburse the counties for each copy of the handbook that is distributed directly to family law parties under this section, provided that the county submits documentation of the number of handbooks distributed on an annual basis.
     (4) Both parties shall acknowledge, in writing, the receipt of the family law handbook, information related to alternatives to litigation including counseling, legal separation, and mediation services, and if appropriate information regarding supervised visitation and safe exchange programs prior to entry of a decree of dissolution.
     (5)
The information contained in the handbook created under subsection (1) of this section shall be reviewed and updated annually. The handbook must contain the following information:
     (a) Information on prenuptial agreements as contracts and as a means of structuring financial arrangements and other aspects of the marital relationship;
     (b) Information on shared parental responsibility for children, including establishing a residential schedule for the child in the event of the dissolution of the marriage;
     (c) Information on notice requirements and standards for parental relocation;
     (d) Information on child support for minor children;
     (e) Information on property rights, including equitable distribution of assets and premarital and postmarital property rights;
     (f) Information on spousal maintenance;
     (g) Information on domestic violence, child abuse, and neglect, including penalties;
     (h) Information on the court process for dissolution;
     (i) Information on the effects of dissolution on children;
     (j) Information on community resources that are available to separating or divorcing persons and their children.

Sec. 306   RCW 26.09.020 and 2001 c 42 s 1 are each amended to read as follows:
     (1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the validity of a marriage shall allege:
     (a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
     (b) The date and place of the marriage;
     (c) If the parties are separated the date on which the separation occurred;
     (d) The names and ages of any child dependent upon either or both spouses and whether the wife is pregnant;
     (e) Any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse;
     (f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;
     (g) A statement specifying that the moving party met with the family court liaison at least fifteen days prior to filing;
     (h)
The relief sought.
     (2) Either or both parties to the marriage may initiate the proceeding.
     (3) The petitioner shall complete and file with the petition a certificate under RCW 43.70.150 on the form provided by the department of health and the confidential information form under RCW 26.23.050.
     (4) Nothing in this section shall be construed to limit or prohibit the ability of parties to obtain appropriate emergency orders.

PART IV - Domestic Violence, Child Abuse, and Neglect

NEW SECTION.  Sec. 401   A new section is added to chapter 26.09 RCW to read as follows:
     Mediation is generally inappropriate in cases involving family violence, child abuse, and neglect. In order to effectively identify cases where issues of domestic violence, child abuse, and neglect are present and reduce conflict in dissolution matters: (1) Parties shall meet with family court liaisons prior to participation in mediation; (2) where appropriate parties shall be provided access to trained domestic violence advocates; and (3) in cases where a victim requests mediation the court may make exceptions and permit mediation, so long as the court makes a finding that mediation is appropriate under the circumstances and the victim is permitted to have a supporting person present during the mediation proceedings.

Sec. 402   RCW 2.56.030 and 2005 c 457 s 7 and 2005 c 282 s 7 are each reenacted and amended to read as follows:
     The administrator for the courts shall, under the supervision and direction of the chief justice:
     (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
     (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
     (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
     (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
     (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
     (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
     (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
     (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
     (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;
     (10) Administer programs and standards for the training and education of judicial personnel;
     (11) Examine the need for new superior court and district court judge positions under an objective workload analysis. The results of the objective workload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that an objective workload analysis become the basis for creating additional district and superior court positions, and recommendations should address that objective;
     (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
     (13) Attend to such other matters as may be assigned by the supreme court of this state;
     (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;
     (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, ((1997)) 2008, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, domestic violence, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;
     (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;
     (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide;
     (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;
     (19) Develop a Washington family law handbook in accordance with RCW 2.56.180;
     (20) Administer state funds for improving the operation of the courts and provide support for court coordinating councils, under the direction of the board for judicial administration;
     (21)(a) Administer and distribute amounts appropriated from the equal justice subaccount under RCW 43.08.250(2) for district court judges' and qualifying elected municipal court judges' salary contributions. The administrator for the courts shall develop a distribution formula for these amounts that does not differentiate between district and elected municipal court judges.
     (b) A city qualifies for state contribution of elected municipal court judges' salaries under (a) of this subsection if:
     (i) The judge is serving in an elected position;
     (ii) The city has established by ordinance that a full-time judge is compensated at a rate equivalent to at least ninety-five percent, but not more than one hundred percent, of a district court judge salary or for a part-time judge on a pro rata basis the same equivalent; and
     (iii) The city has certified to the office of the administrator for the courts that the conditions in (b)(i) and (ii) of this subsection have been met.

Sec. 403   RCW 26.09.191 and 2004 c 38 s 12 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) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or a pattern of emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.
     (2)(a) 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: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense under:
     (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
     (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
     (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
     (D) RCW 9A.44.089;
     (E) RCW 9A.44.093;
     (F) RCW 9A.44.096;
     (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
     (H) Chapter 9.68A RCW;
     (I) Any predecessor or antecedent statute for the offenses listed in (a)(iv)(A) through (H) of this subsection;
     (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (a)(iv)(A) through (H) of this subsection.
     This subsection (2)(a) shall not apply when (c) or (d) of this subsection applies.
     (b) The parent's residential time with the child shall be limited if it is found that the parent resides with a person who has engaged in any of the following conduct: (i) Physical, sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:
     (A) RCW 9A.44.076 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
     (B) RCW 9A.44.079 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
     (C) RCW 9A.44.086 if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
     (D) RCW 9A.44.089;
     (E) RCW 9A.44.093;
     (F) RCW 9A.44.096;
     (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
     (H) Chapter 9.68A RCW;
     (I) Any predecessor or antecedent statute for the offenses listed in (b)(iii)(A) through (H) of this subsection;
     (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.
     This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.
     (c) If a parent has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter. If a parent resides with an adult or a juvenile who has been found to be a sexual predator under chapter 71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with the parent's child except contact that occurs outside that person's presence.
     (d) There is a rebuttable presumption that a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection poses a present danger to a child. Unless the parent rebuts this presumption, the court shall restrain the parent from contact with a child that would otherwise be allowed under this chapter:
     (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;
     (ii) RCW 9A.44.073;
     (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;
     (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;
     (v) RCW 9A.44.083;
     (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;
     (vii) RCW 9A.44.100;
     (viii) Any predecessor or antecedent statute for the offenses listed in (d)(i) through (vii) of this subsection;
     (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i) through (vii) of this subsection.
     (e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises residential time in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:
     (i) RCW 9A.64.020 (1) or (2), provided that the person convicted was at least five years older than the other person;
     (ii) RCW 9A.44.073;
     (iii) RCW 9A.44.076, provided that the person convicted was at least eight years older than the victim;
     (iv) RCW 9A.44.079, provided that the person convicted was at least eight years older than the victim;
     (v) RCW 9A.44.083;
     (vi) RCW 9A.44.086, provided that the person convicted was at least eight years older than the victim;
     (vii) RCW 9A.44.100;
     (viii) Any predecessor or antecedent statute for the offenses listed in (e)(i) through (vii) of this subsection;
     (ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i) through (vii) of this subsection.
     (f) The presumption established in (d) of this subsection may be rebutted only after a written finding that:
     (i) If the child was not the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, and (B) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
     (ii) If the child was the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.
     (g) The presumption established in (e) of this subsection may be rebutted only after a written finding that:
     (i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting residential time, (A) contact between the child and the parent residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence of the convicted or adjudicated person, and (B) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
     (ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting residential time, (A) contact between the child and the parent in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is in the child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child.
     (h) If the court finds that the parent has met the burden of rebutting the presumption under (f) of this subsection, the court may allow a parent who has been convicted as an adult of a sex offense listed in (d)(i) through (ix) of this subsection to have residential time with the child supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
     (i) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who has been adjudicated as a juvenile of a sex offense listed in (e)(i) through (ix) of this subsection to have residential time with the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
     (j) If the court finds that the parent has met the burden of rebutting the presumption under (g) of this subsection, the court may allow a parent residing with a person who, as an adult, has been convicted of a sex offense listed in (e)(i) through (ix) of this subsection to have residential time with the child in the presence of the convicted person supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
     (k) A court shall not order unsupervised contact between the offending parent and a child of the offending parent who was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised residential time has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of residential time between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any. If the offending parent was not ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the offender has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child.
     (l) A court may order unsupervised contact between the parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised residential time has occurred for at least two years during which time the adjudicated juvenile has had no further arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds that unsupervised contact between the child and the parent that may occur in the presence of the adjudicated juvenile is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treatment of child sexual abuse victims who has supervised at least one period of residential time between the parent and the child in the presence of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent.
     (m)(i) The limitations imposed by the court under (a) or (b) of this subsection shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time. The limitations shall also be reasonably calculated to provide for the safety of the parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the parent requesting residential time. The limitations the court may impose include, but are not limited to: Supervised contact between the child and the parent or completion of relevant counseling or treatment. If the court expressly finds based on the evidence that limitations on the residential time with the child will not adequately protect the child from the harm or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the parent requesting residential time from all contact with the child.
     (ii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused the child, except upon recommendation by an evaluator or therapist for the child that the child is ready for contact with the parent and will not be harmed by the contact. The court shall not enter an order allowing a parent to have contact with the child in the offender's presence if the parent resides with a person who has been found by clear and convincing evidence in a civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court finds that the parent accepts that the person engaged in the harmful conduct and the parent is willing to and capable of protecting the child from harm from the person.
     (iii) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.
      (n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection, or if the court expressly finds that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iii) of this subsection. 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. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.
     (3) 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) In cases involving allegations of limiting factors under subsection (2) (a)(ii), (iii), or (iv) of this section, both parties shall be screened to determine the appropriateness of a comprehensive assessment regarding the impact of the limiting factor on the child and the parties.
     (5) If any of the factors in this section exist, the court shall require that a safety plan be completed and filed with the court.
     (6)
In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.
     (((5))) (7) In determining whether any of the conduct described in this section has occurred, the court shall apply the civil rules of evidence, proof, and procedure.
     (((6))) (8) For the purposes of this section, a parent's child means that parent's natural child, adopted child, or stepchild.

Sec. 404   RCW 26.12.177 and 2005 c 282 s 30 are each amended to read as follows:
     (1) All guardians ad litem and investigators appointed under this title must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 26 RCW, except that volunteer guardians ad litem or court-appointed special advocates may comply with alternative training requirements approved by the administrative office of the courts that meet or exceed the statewide requirements. In cases involving allegations of limiting factors under RCW 26.09.191, the guardians ad litem and investigators appointed under this title must have additional training under RCW 2.56.030(15) when it is available.
     (2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem and investigators under this title. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem and investigators under this title shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.
     (b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.
     (c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.
     (d) Under this section, within either registry referred to in (a) of this subsection, a subregistry may be created that consists of guardians ad litem under contract with the department of social and health services' division of child support. Guardians ad litem on such a subregistry shall be selected and appointed in state-initiated paternity cases only.
     (e) The superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.
     (3) The rotational registry system shall not apply to court-appointed special advocate programs.

NEW SECTION.  Sec. 405   A new section is added to chapter 2.53 RCW to read as follows:
     (1) The legislature requests that the supreme court convene and support a task force to establish statewide protocols for dissolution cases. If the supreme court does not convene a task force along the lines set forth in this section within ninety days of the effective date of this section, such task force shall be convened and supported by the office of civil legal aid. The task force shall develop: (a) Clear and concise dispute resolution procedures; (b) in conjunction with the office of crime victims advocacy, a sexual assault training curriculum; (c) consistent standards for parenting evaluators; and (d) a domestic violence training curriculum for individuals making evaluations in dissolution cases. The task force shall make recommendations concerning specialized evaluators for dissolution cases, dissolution forms and procedures, and fees.
     (2) The governor shall appoint the following members of the workgroup:
     (a) A representative of the office of crime victims advocacy;
     (b) A professor of law specializing in family law;
     (c) A representative from a statewide domestic violence advocacy group;
     (d) A representative from a community sexual assault program;
     (e) Two noncustodial parents with at least one representing the interests of low-income noncustodial parents; and
     (f) Two custodial parents with at least one representing the interests of low-income custodial parents.
     (3) The chief justice of the supreme court is requested to appoint the following members of the task force:
     (a) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with dissolution issues;
     (b) A representative from the administrative office of the courts;
     (c) A representative from the Washington state bar association's family law executive committee;
     (d) A representative from a qualified legal aid provider that receives funding from the office of civil legal aid;
     (e) A representative of the Washington state association of county clerks; and
     (f) A guardian ad litem.
     (4) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
     (5) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives, with at least one member.
     (6) Membership of the task force may also include members of the civil legal aid oversight committee, including but not limited to the legislative members of the committee.
     (7) The supreme court or, in the event the supreme court does not convene the task force within ninety days of the effective date of this section, the office of civil legal aid shall provide staff support to the task force, and shall carefully consider all input received from interested organizations and individuals during the review process.
     (8) The task force may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for operation of the task force.
     (9) Legislative members of the task force shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (10) The task force shall present preliminary findings and conclusions to the governor's office, the supreme court, and the appropriate committees of the legislature by September 1, 2008. A final report and recommendations, including recommendations for legislative action, if necessary, shall be completed by December 1, 2008.

PART V - Additional Services

NEW SECTION.  Sec. 501   A new section is added to chapter 26.09 RCW to read as follows:
     In order to provide judicial officers with better information and to facilitate decision making which allows for the protection of children from physical, mental, or emotional harm and in order to facilitate consistent healthy contact between both parents and their children:
     (1) Parties and witnesses who require the assistance of interpreters shall be provided access to qualified interpreters pursuant to chapter 2.42 or 2.43 RCW. To the extent practicable and within available resources, interpreters shall also be made available at dissolution-related proceedings.
     (2) Parties and witnesses who require literacy assistance shall be referred to the multipurpose service centers established in chapter 28B.04 RCW.
     (3) In matters involving guardian ad litems, the court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the guardian ad litem may charge without additional review. Indigent parties shall be provided with guardian ad litem services at no expense.
     (4) Parties may request to participate by telephone or interactive videoconference. The court may allow telephonic or interactive videoconference participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic or interactive videoconference participation of witnesses.
     (5) In cases involving domestic violence, child abuse, and neglect, if residential time is ordered, the court may:
     (a) Order exchange of a child to occur in a protected setting;
     (b) Order residential time supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing to and capable of protecting the child from harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child. If the court allows a family or household member to supervise residential time, the court shall establish conditions to be followed during residential time.
     (6) In cases in which the court finds that the parties do not have a satisfactory history of cooperation or a high level of parental conflict, supervised visitation and safe exchange centers or alternative safe locations shall be utilized to facilitate the exercise of residential time if ordered.

PART VI - Mediation

Sec. 601   RCW 26.09.015 and 2005 c 172 s 17 are each amended to read as follows:
     (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved. The mediator shall use his or her best efforts to effect a settlement of the dispute.
     (2) In any proceeding involving issues relating to residential time or other matters governed by a parenting plan, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing. Both predecree and postdecree mediation shall be provided at no expense to the parties within one year of the filing of the dissolution petition.
     (3)
Each superior court ((may)) shall make available a mediator. The court shall use the most cost-effective mediation services which are readily available unless there is good cause to access alternative providers. The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court. In order to provide mediation services, the court is not required to institute a family court.
     (((3))) (4)(a) Mediation proceedings under this chapter shall be governed in all respects by chapter 7.07 RCW, except as follows:
     (i) Mediation communications in postdecree mediations mandated by a parenting plan are admissible in subsequent proceedings for the limited purpose of proving:
     (A) Abuse, neglect, abandonment, exploitation, or unlawful harassment as defined in RCW 9A.46.020(1), of a child;
     (B) Abuse or unlawful harassment as defined in RCW 9A.46.020(1), of a family or household member as defined in RCW 26.50.010(2); or
     (C) That a parent used or frustrated the dispute resolution process without good reason for purposes of RCW 26.09.184(3)(d).
     (ii) If a postdecree mediation-arbitration proceeding is required pursuant to a parenting plan and the same person acts as both mediator and arbitrator, mediation communications in the mediation phase of such a proceeding may be admitted during the arbitration phase, and shall be admissible in the judicial review of such a proceeding under RCW 26.09.184(3)(e) to the extent necessary for such review to be effective.
     (b) None of the exceptions under (a)(i) and (ii) of this subsection shall subject a mediator to compulsory process to testify except by court order for good cause shown, taking into consideration the need for the mediator's testimony and the interest in the mediator maintaining an appearance of impartiality. If a mediation communication is not privileged under (a)(i) of this subsection or that portion of (a)(ii) of this subsection pertaining to judicial review, only the portion of the communication necessary for the application of the exception may be admitted, and such admission of evidence shall not render any other mediation communication discoverable or admissible except as may be provided in chapter 7.07 RCW.
     (((4))) (5) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children if the mediator deems such interview appropriate or necessary.
     (((5))) (6) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.
     (7) Parties who choose to participate in good faith in the mediation process within one month of filing a dissolution petition remain eligible to finalize the dissolution ninety days after the date of filing. In addition, any fees paid for family court liaison services shall be refunded to the parties.

PART VII - Technical Changes

Sec. 701   RCW 26.09.030 and 2005 c 55 s 1 are each amended to read as follows:
     (1) When a party who (((1))) is:
     (a) A
resident of this state((, or (2) is));
     (b) A
member of the armed forces and is stationed in this state((,)); or (((3) is))
     (c) Married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state,
petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows:
     (((a))) (i) If the other party joins in the petition or does not deny that the marriage is irretrievably broken, the court shall enter a decree of dissolution.
     (((b))) (ii) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.
     (((c))) (iii) If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation and shall:
     (((i))) (A) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or
     (((ii))) (B) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family court or at the adjourned hearing, the court shall:
     (((A))) (I) Find that the parties have agreed to reconciliation and dismiss the petition; or
     (((B))) (II) Find that the parties have not been reconciled, and that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage.
     (((d))) (iv) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity.
     (((e))) (v) In considering a petition for dissolution of marriage, a court shall not use a party's pregnancy as the sole basis for denying or delaying the entry of a decree of dissolution of marriage. Granting a decree of dissolution of marriage when a party is pregnant does not affect further proceedings under the uniform parentage act, chapter 26.26 RCW.
     (2) If the petitioner files in a county other than the county of residence of either party or the child, the summons shall be served upon the nonmoving party personally.
     (3) A party may only file a modification in the county where the petition for dissolution was filed, if the petition was filed after the effective date of this section. Exceptions shall be made only if one of the parties has moved to another county subsequent to the initial filing, in which case the modification may be filed in the county where one of the parties is now domiciled.

Sec. 702   RCW 26.09.187 and 1989 c 375 s 10 are each amended to read as follows:
     (1) DISPUTE RESOLUTION PROCESS. The court shall not order a dispute resolution process, except court action, when it finds that any limiting factor under RCW 26.09.191 applies, or when it finds that either parent is unable to afford the cost of the proposed dispute resolution process. If a dispute resolution process is not precluded or limited, then in designating such a process the court shall consider all relevant factors, including:
     (a) Differences between the parents that would substantially inhibit their effective participation in any designated process;
     (b) The parents' wishes or agreements and, if the parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and
     (c) Differences in the parents' financial circumstances that may affect their ability to participate fully in a given dispute resolution process.
     (2) ALLOCATION OF DECISION-MAKING AUTHORITY.
     (a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve agreements of the parties allocating decision-making authority, or specifying rules in the areas listed in RCW 26.09.184(4)(a), when it finds that:
     (i) The agreement is consistent with any limitations on a parent's decision-making authority mandated by RCW 26.09.191; and
     (ii) The agreement is knowing and voluntary.
     (b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole decision-making to one parent when it finds that:
     (i) A limitation on the other parent's decision-making authority is mandated by RCW 26.09.191;
     (ii) Both parents are opposed to mutual decision making;
     (iii) One parent is opposed to mutual decision making, and such opposition is reasonable based on the criteria in (c) of this subsection;
     (c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a) and (b) of this subsection, the court shall consider the following criteria in allocating decision-making authority:
     (i) The existence of a limitation under RCW 26.09.191;
     (ii) The history of participation of each parent in decision making in each of the areas in RCW 26.09.184(4)(a);
     (iii) Whether the parents have a demonstrated ability and desire to cooperate with one another in decision making in each of the areas in RCW 26.09.184(4)(a); and
     (iv) The parents' geographic proximity to one another, to the extent that it affects their ability to make timely mutual decisions.
     (3) RESIDENTIAL PROVISIONS.
     (a) The court shall make residential provisions for each child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with the child's developmental level and the family's social and economic circumstances. The child's residential schedule shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:
     (i) The relative strength, nature, and stability of the child's relationship with each parent((, including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child));
     (ii) The agreements of the parties, provided they were entered into knowingly and voluntarily;
     (iii) Each parent's past and potential for future performance of parenting functions as defined in RCW 26.09.004(3), including whether a parent has taken greater responsibility for performing parenting functions relating to the daily needs of the child;
     (iv) The emotional needs and developmental level of the child;
     (v) The child's relationship with siblings and with other significant adults, as well as the child's involvement with his or her physical surroundings, school, or other significant activities;
     (vi) The wishes of the parents and the wishes of a child who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
     (vii) Each parent's employment schedule, and shall make accommodations consistent with those schedules.
     Factor (i) shall be given the greatest weight.
     (b) The court may order that a child frequently alternate his or her residence between the households of the parents for brief and substantially equal intervals of time ((only if the court finds the following:
     (i) No limitation exists under RCW 26.09.191;
     (ii)(A) The parties have agreed to such provisions and the agreement was knowingly and voluntarily entered into; or
     (B) The parties have a satisfactory history of cooperation and shared performance of parenting functions; the parties are available to each other, especially in geographic proximity, to the extent necessary to ensure their ability to share performance of the parenting functions; and
     (iii) The provisions are in the best interests of the child
)) if such provision is in the best interests of the child. In determining whether such an arrangement is in the best interests of the child, the court may consider the parties geographic proximity to the extent necessary to ensure the ability to share performance of the parenting functions.
     (c) For any child, residential provisions may contain any reasonable terms or conditions that facilitate the orderly and meaningful exercise of residential time by a parent, including but not limited to requirements of reasonable notice when residential time will not occur
.

Sec. 703   RCW 26.09.197 and 1987 c 460 s 14 are each amended to read as follows:
     After considering the affidavit required by RCW 26.09.194(1) and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:
     (1) ((Which parent has taken greater responsibility during the last twelve months for performing parenting functions relating to the daily needs of the child)) The relative strength, nature, and stability of the child's relationship with each parent; and
     (2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.
     The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.

PART VIII - Data Tracking

NEW SECTION.  Sec. 801   A new section is added to chapter 26.09 RCW to read as follows:
     The parties to dissolution matters shall file with the clerk of the court the residential time summary report. The summary report shall be on the form developed by the administrative office of the courts in consultation with the department of social and health services division of child support. The parties must complete the form and file the form with the court order. The clerk of the court must forward the form to the division of child support on at least a monthly basis.

NEW SECTION.  Sec. 802   A new section is added to chapter 26.18 RCW to read as follows:
     (1) The administrative office of the courts in consultation with the department of social and health services, division of child support, shall develop a residential time summary report form to provide for the reporting of summary information in every case in which residential time with children is to be established or modified.
     (2) The residential time summary report must include at a minimum: A breakdown of residential schedules with a reasonable degree of specificity regarding actual time with each parent, including enforcement practices, representation status of the parties, whether domestic violence, child abuse or neglect, chemical dependency, or mental health issues exist, and whether the matter was agreed or contested.
     (3) The division of child support shall compile and electronically transmit the information in the residential time summary reports to the administrative office of the courts for purposes of tracking residential time awards by parent, enforcement practices, representation status of the parties, the existence of domestic violence, child abuse or neglect, chemical dependency, or mental health issues and whether the matter was agreed or contested.
     (4) The administrative office of the courts shall report the compiled information organized by a judicial officer on at least an annual basis. These reports shall be made publicly available through the judicial information public access services.

PART IX - Miscellaneous

NEW SECTION.  Sec. 901   Part headings used in this act are not any part of the law.

NEW SECTION.  Sec. 902   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.

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