BP BHEAD INT S

AN ACT Relating to enforcement of visitation provisions of parenting plans; amending RCW 26.09.260; adding a new chapter to Title 26 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature recognizes that children of dissolution have a need for financial and emotional support from both parents. Studies show a link between enforcement of visitation and payment of support. The state has become involved in the enforcement of support, but provides no assistance in enforcing visitation. To remedy this, the legislature intends to provide administrative redress for violations of residential provisions of a court-ordered parenting plan.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of social and health services.

(2) "Parenting plan" means a plan for parenting a child, including allocation of residential time, which plan is incorporated in any final decree or decree of modification in any action for dissolution of marriage, declaration of invalidity, or legal separation, and includes custody orders.

(3) "Secretary" means the secretary of the department.

(4) "Visitation" refers to the residential time provisions in a parenting plan for noncustodial persons.

NEW SECTION. Sec. 3. A person who is a party to a parenting plan may initiate a petition with the department alleging residential interference. To commence action under this chapter, the petitioner shall:

(1) Allege in writing, under oath, that:

(a) A court has entered a parenting plan; and

(b) There is or has been interference with or a denial of visitation rights; and

(2) Provide the department with supporting documents, including a copy of the parenting plan if the department does not have a copy.

NEW SECTION. Sec. 4. (1) The department shall provide notice to the alleged violator of the allegations under section 3 of this act and require the alleged violator to either acknowledge the violation or demand an administrative hearing before an administrative law judge.

(2) If the violation is acknowledged, an administrative finding of residential interference shall be entered.

(3) If an administrative hearing is demanded, the office of administrative hearings shall set a hearing date.

NEW SECTION. Sec. 5. (1) At the hearing, the petitioner must prove by a preponderance of evidence that a violation of the visitation provisions of the parenting plan occurred.

(2) An administrative finding shall be entered if the administrative law judge finds that a violation of the parenting plan occurred.

(3) The administrative law judge may order the noncomplying parent to:

(a) Provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child due to the parent's noncompliance;

(b) Pay to the moving party all court costs and reasonable attorneys' fees incurred as a result of the noncompliance and any reasonable expenses incurred in locating or returning a child; and

NEW SECTION. Sec. 6. After two findings of violation of the residential provisions of the parenting plan under this chapter, a petitioner may petition a court to change residential time provisions of a parenting plan as provided for under RCW 26.09.260.

NEW SECTION. Sec. 7. An administrative finding under this chapter may be appealed as provided under chapter 34.05 RCW.

NEW SECTION. Sec. 8. The secretary shall adopt rules under chapter 34.05 RCW to implement and enforce this chapter.

NEW SECTION. Sec. 9. The remedies in this chapter are cumulative and are in addition to any other remedies provided by law.

Sec. 10. RCW 26.09.260 and 1991 c 367 s 9 are each amended to read as follows:

(1) Except as otherwise provided in subsection (4) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds, upon the basis of facts that have arisen since the prior decree or plan or that were unknown to the court at the time of the prior decree or plan, that a substantial change has occurred in the circumstances of the child or the nonmoving party and that the modification is in the best interest of the child and is necessary to serve the best interests of the child.

(2) In applying these standards, the court shall retain the residential schedule established by the decree or parenting plan unless:

(a) The parents agree to the modification;

(b) The child has been integrated into the family of the petitioner with the consent of the other parent in substantial deviation from the parenting plan;

(c) The child's present environment is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or

(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070.

(3) A conviction of custodial interference in the first or second degree under RCW 9A.40.060 or 9A.40.070 or two findings of residential interference under chapter 26.-- RCW (sections 1 through 9 of this act) shall constitute a substantial change of circumstances for the purposes of this section.

(4) The court may order adjustments to a parenting plan upon a showing of a substantial change in circumstances of either parent or of the child, and without consideration of the factors set forth in subsection (2) of this section, if the proposed modification is only a:

(a) Modification in the dispute resolution process; or

(b) Minor modification in the residential schedule that:

(i) Does not change the residence the child is scheduled to reside in the majority of the time; and

(ii) Does not exceed twenty-four full days in a calendar year or five full days in a calendar month; or

(iii) Is based on a change of residence or an involuntary change in work schedule by a parent which makes the residential schedule in the parenting plan impractical to follow.

(5) If the court finds that a motion to modify a prior decree or parenting plan has been brought in bad faith, the court shall assess the attorney's fees and court costs of the nonmoving parent against the moving party.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act shall constitute a new chapter in Title 26 RCW.