AN ACT Relating to
false accusations of child abuse or neglect; amending RCW 26.09.191; adding new
sections to chapter 26.44 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 26.44 RCW to read as follows:
If a court, during a
judicial proceeding under this title relating to a parenting plan or child
custody, finds by a preponderance of the evidence that a person has
intentionally made a false allegation of child abuse or neglect or has induced
another person to make a false allegation of child abuse or neglect during the
judicial proceeding, the court may impose a monetary penalty not to exceed one
thousand dollars against the person making or inducing another to make the
accusation. The monetary penalty shall be awarded to the person against whom
the false allegation is made. When the court imposes the monetary penalty, the
court may also provide that reasonable attorneys' fees may be imposed if the
person entitled to the monetary penalty incurs attorneys' fees to recover the
penalty. The award may be enforced in the same manner as other civil
judgments. A "person" means a witness, a party, or a party's
attorney.
The remedy provided by
this section is in addition to any other remedy provided by law.
This section shall not
apply to unemancipated minors.
Sec. 2. RCW 26.09.191 and 1994 c
267 s 1 are each 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. This subsection shall not apply when (c) of this
subsection applies.
(b) The parent's
residential time with the child shall be limited if it is found that the parent
resides with a person who has engaged in any of the following conduct: (i)
Physical, sexual, or a pattern of emotional abuse of a child; or (ii) a history
of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or
sexual assault that causes grievous bodily harm or the fear of such harm. This
subsection (2)(b) shall not apply when (c) of this subsection applies.
(c) If a parent has
been convicted as an adult of a sexual offense under RCW 9A.64.020 or chapter
9.68A or 9A.44 RCW, or has been found to be a sexual predator under chapter
71.09 RCW, the court shall restrain the parent from contact with a child that
would otherwise be allowed under this chapter. If a parent resides with an
adult who has been convicted, or with a juvenile who has been adjudicated, of a
sexual offense under RCW 9A.64.020 or chapter 9.68A or 9A.44 RCW, or who has
been found to be a sexual predator under chapter 71.09 RCW, the court shall
restrain the parent from contact with the parent's child except contact that
occurs outside that person's presence.
(d)(i) The limitations
imposed by the court under (a) or (b) of this subsection 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 based on the evidence that
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.
(ii) The court shall
not enter an order under (a) of this subsection allowing a parent to have
contact with a child if the parent has been found by clear and convincing
evidence in a civil action or by a preponderance of the evidence in a
dependency action to have sexually abused the child, except upon recommendation
by an evaluator or therapist for the child that the child is ready for contact
with the parent and will not be harmed by the contact. The court shall not
enter an order allowing a parent to have contact with the child if the parent
resides with a person who has been found by clear and convincing evidence in a
civil action or by a preponderance of the evidence in a dependency action to
have sexually abused a child, unless the court finds that the parent accepts
that the person engaged in the harmful conduct and the parent is willing to and
capable of protecting the child from harm from the person.
(iii) If the court
limits residential time under (a) or (b) of this subsection to require
supervised contact between the child and the parent, the court shall not
approve of a supervisor for contact between a child and a parent who has
engaged in physical, sexual, or a pattern of emotional abuse of the child
unless the court finds based upon the evidence that the supervisor accepts that
the harmful conduct occurred and is willing to and capable of protecting the
child from harm. The court shall revoke court approval of the supervisor upon
finding, based on the evidence, that the supervisor has failed to protect the
child or is no longer willing to or capable of protecting the child.
(e) If the court
expressly finds based on the evidence 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 or other person'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), (b), and (d) (i) and (iii) 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),
(b), and (d) (i) and (iii) 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. This subsection shall not
apply when (c) and (d)(ii) of this subsection apply.
(3) There shall be a
presumption that the parent's residential time with the child should be limited
if it is found that the parent has made false accusations of child abuse or
neglect during the course of the proceedings, and the parent knew the
accusations to be false at the time of making the accusations.
(4) 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 has
withheld from the other parent access to the child for a protracted period
without good cause; or
(g) Such other factors
or conduct as the court expressly finds adverse to the best interests of the
child.
(((4))) (5)
In entering a permanent parenting plan, the court shall not draw any
presumptions from the provisions of the temporary parenting plan.
(((5))) (6)
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.
NEW SECTION. Sec.
3. A new section is added
to chapter 26.44 RCW to read as follows:
A person
is guilty of a class C felony punishable in accordance with chapter 9A.20 RCW
if the person intentionally: (1) Makes a false accusation of child abuse or
neglect during a judicial proceeding under this title relating to a parenting
plan or child custody, or (2) induces another person to make a false allegation
of child abuse or neglect during a judicial proceeding under this title
relating to a parenting plan or child custody.
