S-4246.1                   _______________________________________________

                                                     SENATE BILL 6287

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators A. Smith, Roach and Quigley

Read first time 01/18/94.  Referred to Committee on Law & Justice.

Allowing bad faith, false allegations of physical or sexual abuse to be considered in making a parenting plan.

          AN ACT Relating to restrictions in parenting plans; and reenacting and amending RCW 26.09.191.

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

        Sec. 1.  RCW 26.09.191 and 1989 c 375 s 11 and 1989 c 326 s 1 are each reenacted and 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; or (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.

          (b) The limitations imposed by the court shall be reasonably calculated to protect the child from physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time.  If the court expressly finds limitation 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.

          (c) If the court expressly finds 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 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) and (b) of this subsection, or if the court expressly finds the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a) and (b) 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.

          (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, who in bad faith, has made false allegations of physical or sexual abuse of the child by the other parent;

(g) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

          (((g))) (h) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

          (4) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

          (5) 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.

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