AN ACT Relating to expanding family courts and family court services; amending RCW 26.12.010, 26.12.060, 26.12.170, 26.12.190, and 26.12.220; adding new sections to chapter 26.12 RCW; creating a new section; repealing RCW 26.12.090, 26.12.100, 26.12.110, 26.12.120, 26.12.130, 26.12.140, 26.12.150, 26.12.180, 26.12.200, and 26.12.210; and declaring an emergency.

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

Sec. 1. RCW 26.12.010 and 1983 c 219 s 1 are each amended to read as follows:

Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.

Sec. 2. RCW 26.12.060 and 1988 c 232 s 4 are each amended to read as follows:

The family court commissioners shall: (1) ((~~Receive all applications and complaints filed in the family court for the purpose of disposing of them pursuant to this chapter~~)) Provide for reconciliation services; (2) ((~~investigate~~)) provide for investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings ((~~filed in or transferred to the family court pursuant to~~)) under this chapter; (3) provide for mediation services except for child support which shall not be subject to mediation; (4) provide for drug and alcohol abuse evaluations and monitoring of parties if necessary through public or private treatment services; (5) for the purpose of this chapter, exercise all the powers and perform all the duties of regular court commissioners; ((~~(4) hold conciliation conferences with parties to and hearings in proceedings under this chapter and~~)) (6) make written reports of all proceedings had which shall become a part of the record of the family court; ((~~(5)~~)) (7) provide ((~~such~~)) supervision ((~~in connection with~~)) over the exercise of its jurisdiction as the judge of the family court may order; ((~~(6)~~)) (8) 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)~~)) (9) cause ((~~such~~)) other reports to be made and records kept as will indicate the value and extent of ((~~such conciliation service~~)) reconciliation, mediation, investigation, and treatment services; and ((~~(8)~~)) (10) conduct hearings under chapter 13.34 RCW as provided in RCW 13.04.021.

Sec. 3. RCW 26.12.170 and 1983 c 219 s 5 are each amended to read as follows:

((~~The hearing shall be conducted informally as a conference or series of conferences to effect the reconciliation of the parties or an amicable adjustment or settlement of the issues of the controversy.~~)) To facilitate and promote the purposes of this chapter, the court may order or recommend family court services, the aid of physicians, psychiatrists, ((or)) other specialists, or other services or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong. ((Such aid, however, shall be at the expense of the parties involved and shall not be at the expense of the court or of the county unless the board of county commissioners shall specifically authorize such aid)) The parties shall bear all or a portion of the cost of the services according to the parties' ability to pay as provided in RCW 26.12.220.

If the court has reasonable cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW 26.44.040. Upon receipt of such a report the law enforcement agency or the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.17.310(3). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations.

Sec. 4. RCW 26.12.190 and 1983 c 219 s 7 are each amended to read as follows:

(1) ((During the period of thirty days after filing a petition for conciliation no family law proceeding shall be filed by either party and further proceedings in a family law proceeding then pending in the superior court shall be stayed and the case transferred to the family court.)) The family court shall have jurisdiction and full power in all pending cases to make, alter, modify, and enforce all temporary and permanent orders((~~, orders for~~)) regarding the following: Parenting plans, child support, custody of children, visitation, possession of property, maintenance, contempt, custodial interference, and orders for attorneys' fees, suit money or costs as may appear just and equitable. The family court commissioners shall not have authority to enter permanent parenting plan orders. The family court commissioners or judges shall not have authority to require the parties to mediate disputes concerning child support.

(2) ((If, after the expiration of such thirty day period or the formal conclusion of the proceedings for conciliation, the controversy between the parties has not been terminated, either party may apply for further relief by filing in the clerk's office additional pleadings or by asking that the pending case be set for trial. The family court has full jurisdiction to hear, try, and determine family law proceedings under the laws relating thereto, and to retain jurisdiction of the case for further hearings on decrees or orders to be made therein.

(3) The conciliation provisions of this chapter may be used concerning support, visitation, contempt, or for modification based on changed conditions or for other problems between the parties related to the family law proceeding.

(4) Except as specifically so provided nothing in this chapter shall be construed to repeal, nullify or change the law and procedure relating to family law proceedings. The family court shall, when application for relief is made under this chapter, apply provisions governing family law proceedings in the same manner as if the action had been brought thereunder in the superior court, save that the conciliation procedures of the family court shall be applied so far as appropriate to arrive at an amicable settlement of all issues in controversy)) The investigation, evaluation, mediation, treatment, and conciliation services of the family court services may be used to assist the court to develop order as the court deems necessary to preserve the marriage or to implement an amicable settlement of the issues in controversy.

Sec. 5. RCW 26.12.220 and 1980 c 124 s 1 are each amended to read as follows:

(1) The legislative authority of any county may authorize family court services as provided in RCW 26.12.230. The legislative authority may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license((~~: PROVIDED, That such~~)). The fee shall not exceed eight dollars.

(2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee increase authorized by this section to pay the expenses of the family court and the family court services under chapter 26.12 RCW. If there is no family court in the county, the legislative authority may provide such services through other county agencies or may contract with a public or private agency or person to provide such services. Family court services also may be provided jointly with other counties as provided in RCW 26.12.230.

(3) The family court services program in the county may hire professional employees to provide the investigation, evaluation, and mediation services, or the county may contract for these services, or both. To facilitate and promote the purposes of this chapter, the court may order or recommend the aid of physicians, psychiatrists, or other specialists.

(4) The family court services program may provide or contract for the following services for: (a) Mediation; (b) investigation, evaluation, and reporting to the court; (c) reconciliation; (d) drug and alcohol testing, monitoring, and treatment; and (e) any other treatment, parenting, or anger management programs the family court professional considers necessary or appropriate.

(5) The county legislative authority may establish rules of eligibility for ((~~conciliation~~)) the services funded under this section ((~~so long as its~~)). The rules ((do)) shall not conflict with rules of the court adopted under chapter 26.12 RCW or any other statute.

((~~(4)~~)) (6) The legislative authority may establish fees for services under this chapter according to the parties' ability to pay for the services. 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. 6. The family court shall give proceedings involving children priority over cases without children.

NEW SECTION. Sec. 7. The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian is in the best interests of the child in any proceeding under this chapter. The family court services professionals shall make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority.

NEW SECTION. Sec. 8. All acts and proceedings of the court commissioners shall be subject to revision by the superior court as provided in RCW 2.24.050.

NEW SECTION. Sec. 9. (1) Any state funds appropriated in the omnibus operating budget appropriations act for the 1991-93 biennium to the office of the administrator for the courts for the purposes of funding county family courts and county family court services shall be distributed to the eligible counties as provided in this section.

(2) Any appropriation in the omnibus operating budget appropriations act for the purposes of implementing this section is contingent on an equal amount of money being provided by the county from nonstate sources, whether public or private.

(3) Any county that has implemented or has committed to implement a family court and family court services on or before January 1, 1993, is eligible for available appropriated state funds if the county: (a) Obtains approval of an application under subsection (4) of this section; and (b) Commits to spend money from public or private nonstate funding sources over a one-year period beginning on the date the county receives state funding, in an amount that is equal to or greater than the state funds distributed to the county under subsection (4) of this section. Any state funding is contingent on the county maintaining the family court and the family court services over the one-year period after disbursement of state funds to the county.

(4) The office of the administrator for the courts shall accept applications for state funds until March 1, 1992. After the application period expires, the office of the administrator for the courts shall determine each eligible county's percentage of the funds appropriated for family courts and family court services. An eligible county's percentage share of the appropriated funds shall be the same percentage as the number of cases filed in that county under Title 26 RCW, divided by the number of cases filed under Title 26 RCW in all the eligible counties. The initial determination of the number of case filings in each eligible county shall be based upon the office of the administrator for the courts' most recent annual report. The office of the administrator for the courts shall adjust the calculation of the number of filings in each county if any county has a disproportionate number of filings due to changes of venue or cases in which both parties live in another county. The office of the administrator for the courts may begin disbursing the state funds by July 1, 1992, to eligible counties. The office of the administrator for the courts shall disburse the state funds not later than January 1, 1993, to eligible counties. The counties must use the state funds over a one‑

year period from the date of disbursement.

(5) The office of the administrator for the courts shall develop an application form for applying for state funds under this subsection. The office of the administrator for the courts shall develop rules to determine whether a county applying for state funds (a) has implemented or has committed to implement a family court and family court services under this chapter; (b) has committed nonstate funds for a one-year period following disbursement of the state funds to continue the family court and the family court services through that one-year period; and (c) has spent the matching funds required to obtain the state funds.

NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

(1) RCW 26.12.090 and 1983 c 219 s 2 & 1949 c 50 s 9;

(2) RCW 26.12.100 and 1983 c 219 s 3 & 1949 c 50 s 10;

(3) RCW 26.12.110 and 1949 c 50 s 11;

(4) RCW 26.12.120 and 1983 c 219 s 4 & 1949 c 50 s 12;

(5) RCW 26.12.130 and 1949 c 50 s 13;

(6) RCW 26.12.140 and 1980 c 124 s 2, 1971 ex.s. c 151 s 1, & 1949 c 50 s 14;

(7) RCW 26.12.150 and 1949 c 50 s 15;

(8) RCW 26.12.180 and 1983 c 219 s 6 & 1949 c 50 s 18;

(9) RCW 26.12.200 and 1983 c 219 s 8 & 1949 c 50 s 20; and

(10) RCW 26.12.210 and 1983 c 219 s 9 & 1949 c 50 s 21.

NEW SECTION. Sec. 11. Sections 6 through 8 of this act are each added to chapter 26.12 RCW.

NEW SECTION. Sec. 12. If by June 30, 1991, the omnibus operating budget appropriations act for the 1991-93 biennium does not provide specific funding for section 9 of this act, referencing this act by bill number, section 9 of this act is null and void.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.