BILL REQ. #:  S-0277.2 

Read first time 01/19/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to dissolution proceedings; amending RCW 26.09.002, 26.12.240, 26.09.015, 2.56.180, 26.09.030, 26.09.187, and 26.09.197; adding new sections to chapter 26.09 RCW; adding a new section to chapter 2.53 RCW; creating new sections; and making appropriations.

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

NEW SECTION.  Sec. 1   (1) The sum of . . . dollars of the general fund--state appropriation for fiscal year 2008 and . . . 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 for courthouse facilitators. The positions are to be distributed based on the average annual number of dissolutions.
     (2) The sum of . . . dollars of the general fund--state appropriation for fiscal year 2008 and . . . 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 5 and 7 of this act.
     (3) The sum of . . . dollars of the general fund--state appropriation for fiscal year 2008 and . . . 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 an enhanced computer system capable of tracking dissolution information in a case specific manner.
     (4) The sum of . . . dollars of the general fund--state appropriation for fiscal year 2008 and . . . dollars of the general fund--state appropriation for fiscal year 2009 are provided solely to the public safety and education account 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.
     (5) The sum of . . . dollars of the general fund--state appropriation for fiscal year 2008 are provided solely for the development of supervised visitation and safe exchange centers.
     (6) 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.

Sec. 2   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. Visitation and child 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. 3   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 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. Presumptions in the law hinder the ability of judicial officers to tailor individualized resolutions which are in the best interests of the parties and their children as expressed in RCW 26.09.002. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them.

Sec. 4   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. Courthouse facilitators shall be trained to screen for domestic violence, substance abuse, and mental health issues and equipped to make referrals for comprehensive evaluations as appropriate when necessary. In agreed matters, courthouse facilitators shall be available to assist parties in completing the necessary forms. 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.

NEW SECTION.  Sec. 5   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 better recognize domestic violence and reduce conflict in dissolution matters: (1) Litigants shall meet with trained professional courthouse facilitators prior to participation in mediation; (2) where appropriate litigants 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 victim is permitted to have a supporting person present during the mediation proceedings.

NEW SECTION.  Sec. 6   A new section is added to chapter 2.53 RCW to read as follows:
     (1) Beginning in 2007, the office of civil legal aid shall convene a workgroup to establish statewide protocols for dissolution cases. The group shall develop: (a) Clear and concise dispute resolution procedures; (b) 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 workgroup shall further evaluate the need for: Specialized evaluators for dissolution cases, simplification of dissolution forms and procedures, and the reduction of fees.
     (2) The governor shall appoint the following members of the workgroup:
     (a) A representative of the office of victim's assistance;
     (b) A professor of law specializing in family law;
     (c) A representative from the state bar association's family law executive committee;
     (d) A representative from a domestic violence advocacy group;
     (e) A representative from a legal services entity;
     (f) Two noncustodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, noncustodial parents; and
     (g) Two custodial parents, each of whom may be a representative of an advocacy group, an attorney, or an individual, with at least one representing the interests of low-income, custodial parents.
     (3) The chief justice of the supreme court shall appoint the following members of the workgroup:
     (a) Two representatives from the superior court judges association, including a superior court judge and a court commissioner who is familiar with dissolution issues; and
     (b) A representative from the administrative office of the courts.
     (4) Membership of the workgroup may also include any members of the civil legal aid oversight committee, including but not limited to the legislative members of the committee.
     (5) The office of civil legal aid shall provide staff support to the workgroup, and shall carefully consider all input received from interested organizations and individuals during the review process.
     (6) The workgroup may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for operation of the work group.
     (7) Legislative members of the workgroup 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.
     (8) The workgroup shall report preliminary findings and conclusions to the civil legal aid oversight committee by September 1, 2008, a final report and recommendations, including recommendations for legislative action, if necessary, shall be provided to the governor's office, the supreme court and the appropriate committees of the legislature by December 1, 2008.

NEW SECTION.  Sec. 7   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) Individuals who require the assistance of interpreters shall be provided access to such pursuant to chapter 2.42 or 2.43 RCW.
     (2) Individuals 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 litigants shall be provided with guardian ad litem services at no expense.
     (4) Parties may request to participate by telephone. The court may allow telephonic participation of one or more parties at any proceeding in its discretion. The court may also allow telephonic participation of witnesses.
     (5) In cases involving family violence, child abuse, and neglect, supervised visitation and safe exchange centers or alternative safe neutral locations shall be utilized to facilitate visitation if ordered.

Sec. 8   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. Both predecree and postdecree mediation shall be provided at no expense to the parties. 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) Each superior court may make available a mediator. 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)(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) 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) 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.
     (6) 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 within ninety days of the date of filing. In addition, courthouse facilitator services shall be made available at no cost for such parties.

Sec. 9   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.
     (4) 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. 10   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, the party may file a petition alleging such facts in the county where either party resides, 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) 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.

Sec. 11   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; and
     (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;
     (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;
     (viii) The parties availability to each other, especially in geographic proximity, to the extent necessary to ensure their ability to share performance of the parenting functions; and
     (ix) The best interests of the child.
     ((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)) 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 one or more of the following:
     (i) Requirements that residential time be specified;
     (ii) Requirements of reasonable notice when residential time will not occur;
     (iii) Requirement that if either party raises a domestic violence allegation both parties shall be screened to determine the appropriateness of a referral for a domestic violence assessment. Any assessment should include recommendations for relationship education or counseling for perpetrators and victims; and
     (iv) Any other reasonable condition determined to be appropriate in the particular case.
     (c) In any parenting plan in which the court finds that the parties do not have a satisfactory history of cooperation or the limitations of RCW 26.09.191 are dispositive; to the extent necessary, the parenting plan shall include a safe, neutral, and public location for the exchange of the child such as a school, day care, place of worship, or supervised visitation and safe exchange center.

Sec. 12   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; 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.

NEW SECTION.  Sec. 13   A new section is added to chapter 26.09 RCW to read as follows:
     The clerk of the superior court shall keep an electronic record of all orders, decrees, and judgments made by the court and the minutes of the court in dissolution proceedings regarding 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 and whether the matter was agreed or contested.
     This information shall be transmitted to the administrative office of the courts for purposes of tracking residential time awards by parent and the parties' representation status. Such information shall be made publicly available.

NEW SECTION.  Sec. 14   Part headings used in this act are not any part of the law.

NEW SECTION.  Sec. 15   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.