H-2355.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2155
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Scott, Appelwick, R. King and Miller).
Read first time March 6, 1991.
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; 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; creating a new section; 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. All the counties in the state shall implement family court services no later than January 1, 1993.
NEW SECTION. Sec. 10. The counties shall bear fifty percent of the costs of the family court and the family court services. The state shall bear fifty percent of the costs. The counties shall match the state appropriation to be eligible for any state funds and shall provide a family court and implement family court services as provided in RCW 26.12.220 and 26.12.230.
NEW SECTION. Sec. 11. 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. 12. Sections 6 through 10 of this act are each added to chapter 26.12 RCW.
NEW SECTION. Sec. 13. If by June 30, 1991, the omnibus operating budget appropriations act for the 1991-93 biennium does not provide specific funding for sections 9 and 10 of this act, referencing this act by bill number, sections 9 and 10 of this act are null and void.
NEW SECTION. Sec. 14. 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.