H‑1646.1   _____________________________________________

 

HOUSE BILL 2065

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Edmonds, Carrell, Lambert, Lantz, Kessler, Rockefeller and Kenney

 

Read first time 02/13/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to petitions for visitation for persons related

_2  to the child or acting in a parental role; amending RCW 26.09.240

_3  and 26.10.160; adding a new section to chapter 26.10 RCW; creating

_4  a new section; and declaring an emergency.

     

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_6      NEW SECTION.  Sec. 1.  (1) In Troxel v. Granville, No. 99-138,

_7  decided June 5, 2000, the United States supreme court recognized

_8  that the right of parents in the care and custody of their

_9  children is a fundamental liberty interest.  The court also

10  acknowledged that demographic changes in the past century have

11  created complex family structures, and third-party visitation

12  statutes reflect the changing realities of the American family.

13      (2) Legislatures and courts across the country recognize that

14  families are composed of individuals who share an emotional

15  attachment and intimacy developed over time, and that such

16  emotional bonds do not necessarily require biological or marital

17  relationships.  By acting in a caregiver or other significant

18  emotionally involved role over a period of time, a third party may

                               p. 1                       HB 2065

_1  develop a substantial relationship with a child.  In some cases,

_2  arbitrarily depriving the child of that relationship can cause

_3  psychological or emotional harm to the child.  The legislature seeks

_4  to prevent the harm to children caused by the disruption of such

_5  significant bonds.

     

_6      NEW SECTION.  Sec. 2.  A new section is added to chapter 26.10

_7  RCW to read as follows:

_8      (1) A person who is not a parent of the child may petition the

_9  court for visitation with the child if the petitioner can

10  demonstrate that:

11      (a) There is a substantial relationship between the petitioner

12  and the child;

13      (b) The petitioner has been unreasonably denied visitation with

14  the child by a parent, custodian, or other person with primary

15  decision-making authority over the child; and

16      (c) There has been a significant change in circumstances with

17  either the child, the petitioner, or the parent, custodian, or

18  other person having primary decision-making authority over the

19  child that threatens the substantial relationship between the

20  child and the petitioner.  The change in circumstances could

21  include, but is not limited to, a dissolution, legal separation,

22  informal physical separation, death of a parent, or other

23  significant change in the family structure.

24      (2)(a) If the court dismisses a petition for visitation brought

25  under this section because the petitioner failed to demonstrate

26  the requirements in subsection (1) of this section, the court must

27  order the petitioner to pay reasonable attorneys' fees and costs

28  to the party responding to the petition.  Nothing in this subsection

29  precludes a court from ordering attorneys' fees and costs under

30  RCW 26.10.080.

31      (b) Petitions that are not dismissed by the court must be

32  submitted to mandatory mediation before proceeding to trial.  Upon

33  petition of any party that mediation is not appropriate, the court

34  may order or the mediator may determine that the case is not

35  appropriate for mediation.  Mediation shall be pursuant to mediation

36  procedures established by court rules for third-party visitation

37  cases.

HB 2065                        p. 2

 

_1      (3)(a) Except as provided in (b) of this subsection, a petition

_2  for visitation brought under this section must be filed in the

_3  county in which the child resides.

_4      (b) If a dissolution, legal separation, modification of

_5  parenting plan, or other custody proceeding is pending involving

_6  the child, the petition for visitation under this section shall be

_7  filed in the county in which the proceeding is pending.

_8      (4) The court may order visitation between the petitioner and

_9  the child if the petitioner shows and the court finds that:

10      (a) Denial of court-ordered visitation would result in a

11  likelihood of harm to the child's physical, psychological, or

12  emotional well-being;

13      (b) The likelihood of harm is beyond the normal short-term

14  distress a child suffers due to a change in circumstances;

15      (c) Continuation of the substantial relationship between the

16  child and the petitioner would likely have long-term benefits to

17  the child; and

18      (d) Visitation would not substantially interfere with the

19  relationship between the child and the parent, custodian, or other

20  person with primary decision-making authority over the child.

21      (5) In determining the nature and extent of visitation, the

22  court must consider the wishes of a child who is sufficiently

23  mature to express reasoned and independent preferences as to

24  visitation issues.

25      (6) The restrictions of RCW 26.10.160 that apply to parents

26  shall apply to the petitioner under this section.

27      (7) For the purposes of this section:

28      (a) "Person who is not a parent of the child" means a person,

29  other than the parent, who is related to the child by blood or

30  would be related to the child by blood but for the fact the child

31  is adopted, or who is related to the parent or child by marriage

32  or would be related to the parent or child by marriage but for the

33  fact the parents are not or have never been married, or who lived

34  with the child in a parental or quasi-parental relationship; and

35      (b) "Unreasonably denied" means a denial of visitation with the

36  child for irrational or unsubstantiated reasons.

37 

                               p. 3                       HB 2065

 

_1      Sec. 3.  RCW 26.09.240 and 1996 c 177 s 1 are each amended to read

_2  as follows:

_3      (1) Under section 2 of this act, a person other than a parent

_4  may petition the court for visitation with a child ((at any time))

_5  or may intervene in a pending dissolution, legal separation, or

_6  modification of parenting plan proceeding.  ((A person other than a

_7  parent may not petition for visitation under this section unless

_8  the child's parent or parents have commenced an action under this

_9  chapter.

10      (2) A petition for visitation with a child by a person other

11  than a parent must be filed in the county in which the child

12  resides.

13      (3) A petition for visitation or a motion to intervene pursuant

14  to this section shall be dismissed unless the petitioner or

15  intervenor can demonstrate by clear and convincing evidence that a

16  significant relationship exists with the child with whom

17  visitation is sought.  If the petition or motion is dismissed for

18  failure to establish the existence of a significant relationship,

19  the petitioner or intervenor shall be ordered to pay reasonable

20  attorney's fees and costs to the parent, parents, other custodian,

21  or representative of the child who responds to this petition or

22  motion.

23      (4) The court may order visitation between the petitioner or

24  intervenor and the child between whom a significant relationship

25  exists upon a finding supported by the evidence that the

26  visitation is in the child's best interests.

27      (5)(a) Visitation with a grandparent shall be presumed to be in

28  the child's best interests when a significant relationship has

29  been shown to exist.  This presumption may be rebutted by a

30  preponderance of evidence showing that visitation would endanger

31  the child's physical, mental, or emotional health.

32      (b) If the court finds that reasonable visitation by a

33  grandparent would be in the child's best interest except for

34  hostilities that exist between the grandparent and one or both of

35  the parents or person with whom the child lives, the court may set

36  the matter for mediation under RCW 26.09.015.

37      (6) The court may consider the following factors when making a

38  determination of the child's best interests:

HB 2065                        p. 4

 

_1      (a) The strength of the relationship between the child and the

_2  petitioner;

_3      (b) The relationship between each of the child's parents or the

_4  person with whom the child is residing and the petitioner;

_5      (c) The nature and reason for either parent's objection to

_6  granting the petitioner visitation;

_7      (d) The effect that granting visitation will have on the

_8  relationship between the child and the child's parents or the

_9  person with whom the child is residing;

10      (e) The residential time sharing arrangements between the

11  parents;

12      (f) The good faith of the petitioner;

13      (g) Any criminal history or history of physical, emotional, or

14  sexual abuse or neglect by the petitioner; and

15      (h) Any other factor relevant to the child's best interest.

16      (7) The restrictions of RCW 26.09.191 that apply to parents

17  shall be applied to a petitioner or intervenor who is not a

18  parent.  The nature and extent of visitation, subject to these

19  restrictions, is in the discretion of the court.

20      (8) The court may order an investigation and report concerning

21  the proposed visitation or may appoint a guardian ad litem as

22  provided in RCW 26.09.220.

23      (9) Visitation granted pursuant to this section shall be

24  incorporated into the parenting plan for the child.

25      (10) The court may modify or terminate visitation rights

26  granted pursuant to this section in any subsequent modification

27  action upon a showing that the visitation is no longer in the best

28  interest of the child.))

     

29      Sec. 4.  RCW 26.10.160 and 1996 c 303 s 2 are each amended to read

30  as follows:

31      (1) A parent not granted custody of the child is entitled to

32  reasonable visitation rights except as provided in subsection (2)

33  of this section.

34      (2)(a) Visitation with the child shall be limited if it is

35  found that the parent seeking visitation has engaged in any of the

36  following conduct:  (i) Willful abandonment that continues for an

37  extended period of time or substantial refusal to perform

                               p. 5                       HB 2065

_1  parenting functions; (ii) physical, sexual, or a pattern of

_2  emotional abuse of a child; (iii) a history of acts of domestic

_3  violence as defined in RCW 26.50.010(1) or an assault or sexual

_4  assault which causes grievous bodily harm or the fear of such

_5  harm; or (iv) the parent has been convicted as an adult of a sex

_6  offense under:

_7      (A) RCW 9A.44.076 if, because of the difference in age between

_8  the offender and the victim, no rebuttable presumption exists

_9  under (d) of this subsection;

10      (B) RCW 9A.44.079 if, because of the difference in age between

11  the offender and the victim, no rebuttable presumption exists

12  under (d) of this subsection;

13      (C) RCW 9A.44.086 if, because of the difference in age between

14  the offender and the victim, no rebuttable presumption exists

15  under (d) of this subsection;

16      (D) RCW 9A.44.089;

17      (E) RCW 9A.44.093;

18      (F) RCW 9A.44.096;

19      (G) RCW 9A.64.020 (1) or (2) if, because of the difference in

20  age between the offender and the victim, no rebuttable presumption

21  exists under (d) of this subsection;

22      (H) Chapter 9.68A RCW;

23      (I) Any predecessor or antecedent statute for the offenses

24  listed in (a)(iv)(A) through (H) of this subsection;

25      (J) Any statute from any other jurisdiction that describes an

26  offense analogous to the offenses listed in (a)(iv)(A) through (H)

27  of this subsection.

28      This subsection (2)(a) shall not apply when (c) or (d) of this

29  subsection applies.

30      (b) The parent's visitation with the child shall be limited if

31  it is found that the parent resides with a person who has engaged

32  in any of the following conduct:  (i) Physical, sexual, or a pattern

33  of emotional abuse of a child; (ii) a history of acts of domestic

34  violence as defined in RCW 26.50.010(1) or an assault or sexual

35  assault that causes grievous bodily harm or the fear of such harm;

36  or (iii) the person has been convicted as an adult or as a

37  juvenile has been adjudicated of a sex offense under:

HB 2065                        p. 6

 

_1      (A) RCW 9A.44.076 if, because of the difference in age between

_2  the offender and the victim, no rebuttable presumption exists

_3  under (e) of this subsection;

_4      (B) RCW 9A.44.079 if, because of the difference in age between

_5  the offender and the victim, no rebuttable presumption exists

_6  under (e) of this subsection;

_7      (C) RCW 9A.44.086 if, because of the difference in age between

_8  the offender and the victim, no rebuttable presumption exists

_9  under (e) of this subsection;

10      (D) RCW 9A.44.089;

11      (E) RCW 9A.44.093;

12      (F) RCW 9A.44.096;

13      (G) RCW 9A.64.020 (1) or (2) if, because of the difference in

14  age between the offender and the victim, no rebuttable presumption

15  exists under (e) of this subsection;

16      (H) Chapter 9.68A RCW;

17      (I) Any predecessor or antecedent statute for the offenses

18  listed in (b)(iii)(A) through (H) of this subsection;

19      (J) Any statute from any other jurisdiction that describes an

20  offense analogous to the offenses listed in (b)(iii)(A) through

21  (H) of this subsection.

22      This subsection (2)(b) shall not apply when (c) or (e) of this

23  subsection applies.

24      (c) If a parent has been found to be a sexual predator under

25  chapter 71.09 RCW or under an analogous statute of any other

26  jurisdiction, the court shall restrain the parent from contact

27  with a child that would otherwise be allowed under this chapter.

28  If a parent resides with an adult or a juvenile who has been found

29  to be a sexual predator under chapter 71.09 RCW or under an

30  analogous statute of any other jurisdiction, the court shall

31  restrain the parent from contact with the parent's child except

32  contact that occurs outside that person's presence.

33      (d) There is a rebuttable presumption that a parent who has

34  been convicted as an adult of a sex offense listed in (d)(i)

35  through (ix) of this subsection poses a present danger to a

36  child.  Unless the parent rebuts this presumption, the court shall

37  restrain the parent from contact with a child that would otherwise

38  be allowed under this chapter:

                               p. 7                       HB 2065

 

_1      (i) RCW 9A.64.020 (1) or (2), provided that the person

_2  convicted was at least five years older than the other person;

_3      (ii) RCW 9A.44.073;

_4      (iii) RCW 9A.44.076, provided that the person convicted was at

_5  least eight years older than the victim;

_6      (iv) RCW 9A.44.079, provided that the person convicted was at

_7  least eight years older than the victim;

_8      (v) RCW 9A.44.083;

_9      (vi) RCW 9A.44.086, provided that the person convicted was at

10  least eight years older than the victim;

11      (vii) RCW 9A.44.100;

12      (viii) Any predecessor or antecedent statute for the offenses

13  listed in (d)(i) through (vii) of this subsection;

14      (ix) Any statute from any other jurisdiction that describes an

15  offense analogous to the offenses listed in (d)(i) through (vii)

16  of this subsection.

17      (e) There is a rebuttable presumption that a parent who resides

18  with a person who, as an adult, has been convicted, or as a

19  juvenile has been adjudicated, of the sex offenses listed in

20  (e)(i) through (ix) of this subsection places a child at risk of

21  abuse or harm when that parent exercises visitation in the

22  presence of the convicted or adjudicated person.  Unless the parent

23  rebuts the presumption, the court shall restrain the parent from

24  contact with the parent's child except for contact that occurs

25  outside of the convicted or adjudicated person's presence:

26      (i) RCW 9A.64.020 (1) or (2), provided that the person

27  convicted was at least five years older than the other person;

28      (ii) RCW 9A.44.073;

29      (iii) RCW 9A.44.076, provided that the person convicted was at

30  least eight years older than the victim;

31      (iv) RCW 9A.44.079, provided that the person convicted was at

32  least eight years older than the victim;

33      (v) RCW 9A.44.083;

34      (vi) RCW 9A.44.086, provided that the person convicted was at

35  least eight years older than the victim;

36      (vii) RCW 9A.44.100;

37      (viii) Any predecessor or antecedent statute for the offenses

38  listed in (e)(i) through (vii) of this subsection;

HB 2065                        p. 8

 

_1      (ix) Any statute from any other jurisdiction that describes an

_2  offense analogous to the offenses listed in (e)(i) through (vii)

_3  of this subsection.

_4      (f) The presumption established in (d) of this subsection may

_5  be rebutted only after a written finding that:

_6      (i) If the child was not the victim of the sex offense

_7  committed by the parent requesting visitation, (A) contact between

_8  the child and the offending parent is appropriate and poses

_9  minimal risk to the child, and (B) the offending parent has

10  successfully engaged in treatment for sex offenders or is engaged

11  in and making progress in such treatment, if any was ordered by a

12  court, and the treatment provider believes such contact is

13  appropriate and poses minimal risk to the child; or

14      (ii) If the child was the victim of the sex offense committed

15  by the parent requesting visitation, (A) contact between the child

16  and the offending parent is appropriate and poses minimal risk to

17  the child, (B) if the child is in or has been in therapy for

18  victims of sexual abuse, the child's counselor believes such

19  contact between the child and the offending parent is in the

20  child's best interest, and (C) the offending parent has

21  successfully engaged in treatment for sex offenders or is engaged

22  in and making progress in such treatment, if any was ordered by a

23  court, and the treatment provider believes such contact is

24  appropriate and poses minimal risk to the child.

25      (g) The presumption established in (e) of this subsection may

26  be rebutted only after a written finding that:

27      (i) If the child was not the victim of the sex offense

28  committed by the person who is residing with the parent requesting

29  visitation, (A) contact between the child and the parent residing

30  with the convicted or adjudicated person is appropriate and that

31  parent is able to protect the child in the presence of the

32  convicted or adjudicated person, and (B) the convicted or

33  adjudicated person has successfully engaged in treatment for sex

34  offenders or is engaged in and making progress in such treatment,

35  if any was ordered by a court, and the treatment provider believes

36  such contact is appropriate and poses minimal risk to the child;

37  or

38      (ii) If the child was the victim of the sex offense committed

                               p. 9                       HB 2065

_1  by the person who is residing with the parent requesting

_2  visitation, (A) contact between the child and the parent in the

_3  presence of the convicted or adjudicated person is appropriate and

_4  poses minimal risk to the child, (B) if the child is in or has

_5  been in therapy for victims of sexual abuse, the child's counselor

_6  believes such contact between the child and the parent residing

_7  with the convicted or adjudicated person in the presence of the

_8  convicted or adjudicated person is in the child's best interest,

_9  and (C) the convicted or adjudicated person has successfully

10  engaged in treatment for sex offenders or is engaged in and making

11  progress in such treatment, if any was ordered by a court, and the

12  treatment provider believes contact between the parent and child

13  in the presence of the convicted or adjudicated person is

14  appropriate and poses minimal risk to the child.

15      (h) If the court finds that the parent has met the burden of

16  rebutting the presumption under (f) of this subsection, the court

17  may allow a parent who has been convicted as an adult of a sex

18  offense listed in (d)(i) through (ix) of this subsection to have

19  visitation with the child supervised by a neutral and independent

20  adult and pursuant to an adequate plan for supervision of such

21  visitation.  The court shall not approve of a supervisor for contact

22  between the child and the parent unless the court finds, based on

23  the evidence, that the supervisor is willing and capable of

24  protecting the child from harm.  The court shall revoke court

25  approval of the supervisor upon finding, based on the evidence,

26  that the supervisor has failed to protect the child or is no

27  longer willing or capable of protecting the child.

28      (i) If the court finds that the parent has met the burden of

29  rebutting the presumption under (g) of this subsection, the court

30  may allow a parent residing with a person who has been adjudicated

31  as a juvenile of a sex offense listed in (e)(i) through (ix) of

32  this subsection to have visitation with the child in the presence

33  of the person adjudicated as a juvenile, supervised by a neutral

34  and independent adult and pursuant to an adequate plan for

35  supervision of such visitation.  The court shall not approve of a

36  supervisor for contact between the child and the parent unless the

37  court finds, based on the evidence, that the supervisor is willing

38  and capable of protecting the child from harm.  The court shall

HB 2065                        p. 10

_1  revoke court approval of the supervisor upon finding, based on the

_2  evidence, that the supervisor has failed to protect the child or

_3  is no longer willing or capable of protecting the child.

_4      (j) If the court finds that the parent has met the burden of

_5  rebutting the presumption under (g) of this subsection, the court

_6  may allow a parent residing with a person who, as an adult, has

_7  been convicted of a sex offense listed in (e)(i) through (ix) of

_8  this subsection to have visitation with the child in the presence

_9  of the convicted person supervised by a neutral and independent

10  adult and pursuant to an adequate plan for supervision of such

11  visitation.  The court shall not approve of a supervisor for contact

12  between the child and the parent unless the court finds, based on

13  the evidence, that the supervisor is willing and capable of

14  protecting the child from harm.  The court shall revoke court

15  approval of the supervisor upon finding, based on the evidence,

16  that the supervisor has failed to protect the child or is no

17  longer willing or capable of protecting the child.

18      (k) A court shall not order unsupervised contact between the

19  offending parent and a child of the offending parent who was

20  sexually abused by that parent.  A court may order unsupervised

21  contact between the offending parent and a child who was not

22  sexually abused by the parent after the presumption under (d) of

23  this subsection has been rebutted and supervised visitation has

24  occurred for at least two years with no further arrests or

25  convictions of sex offenses involving children under chapter 9A.44

26  RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense

27  of the offending parent was not committed against a child of the

28  offending parent, and (ii) the court finds that unsupervised

29  contact between the child and the offending parent is appropriate

30  and poses minimal risk to the child, after consideration of the

31  testimony of a state-certified therapist, mental health counselor,

32  or social worker with expertise in treating child sexual abuse

33  victims who has supervised at least one period of visitation

34  between the parent and the child, and after consideration of

35  evidence of the offending parent's compliance with community

36  supervision requirements, if any.  If the offending parent was not

37  ordered by a court to participate in treatment for sex offenders,

38  then the parent shall obtain a psychosexual evaluation conducted

                               p. 11                       HB 2065

_1  by a state-certified sex offender treatment provider indicating

_2  that the offender has the lowest likelihood of risk to reoffend

_3  before the court grants unsupervised contact between the parent

_4  and a child.

_5      (l) A court may order unsupervised contact between the parent

_6  and a child which may occur in the presence of a juvenile

_7  adjudicated of a sex offense listed in (e)(i) through (ix) of this

_8  subsection who resides with the parent after the presumption under

_9  (e) of this subsection has been rebutted and supervised visitation

10  has occurred for at least two years during which time the

11  adjudicated juvenile has had no further arrests, adjudications, or

12  convictions of sex offenses involving children under chapter 9A.44

13  RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds

14  that unsupervised contact between the child and the parent that

15  may occur in the presence of the adjudicated juvenile is

16  appropriate and poses minimal risk to the child, after

17  consideration of the testimony of a state-certified therapist,

18  mental health counselor, or social worker with expertise in

19  treatment of child sexual abuse victims who has supervised at

20  least one period of visitation between the parent and the child in

21  the presence of the adjudicated juvenile, and after consideration

22  of evidence of the adjudicated juvenile's compliance with

23  community supervision or parole requirements, if any.  If the

24  adjudicated juvenile was not ordered by a court to participate in

25  treatment for sex offenders, then the adjudicated juvenile shall

26  obtain a psychosexual evaluation conducted by a state-certified

27  sex offender treatment provider indicating that the adjudicated

28  juvenile has the lowest likelihood of risk to reoffend before the

29  court grants unsupervised contact between the parent and a child

30  which may occur in the presence of the adjudicated juvenile who is

31  residing with the parent.

32      (m)(i) The limitations imposed by the court under (a) or (b) of

33  this subsection shall be reasonably calculated to protect the

34  child from the physical, sexual, or emotional abuse or harm that

35  could result if the child has contact with the parent requesting

36  visitation.  If the court expressly finds based on the evidence that

37  limitations on visitation with the child will not adequately

38  protect the child from the harm or abuse that could result if the

HB 2065                        p. 12

_1  child has contact with the parent requesting visitation, the court

_2  shall restrain the person seeking visitation from all contact with

_3  the child.

_4      (ii) The court shall not enter an order under (a) of this

_5  subsection allowing a parent to have contact with a child if the

_6  parent has been found by clear and convincing evidence in a civil

_7  action or by a preponderance of the evidence in a dependency

_8  action to have sexually abused the child, except upon

_9  recommendation by an evaluator or therapist for the child that the

10  child is ready for contact with the parent and will not be harmed

11  by the contact.  The court shall not enter an order allowing a

12  parent to have contact with the child in the offender's presence

13  if the parent resides with a person who has been found by clear

14  and convincing evidence in a civil action or by a preponderance of

15  the evidence in a dependency action to have sexually abused a

16  child, unless the court finds that the parent accepts that the

17  person engaged in the harmful conduct and the parent is willing to

18  and capable of protecting the child from harm from the person.

19      (iii) If the court limits visitation under (a) or (b) of this

20  subsection to require supervised contact between the child and the

21  parent, the court shall not approve of a supervisor for contact

22  between a child and a parent who has engaged in physical, sexual,

23  or a pattern of emotional abuse of the child unless the court

24  finds based upon the evidence that the supervisor accepts that the

25  harmful conduct occurred and is willing to and capable of

26  protecting the child from harm.  The court shall revoke court

27  approval of the supervisor upon finding, based on the evidence,

28  that the supervisor has failed to protect the child or is no

29  longer willing to or capable of protecting the child.

30      (n) If the court expressly finds based on the evidence that

31  contact between the parent and the child will not cause physical,

32  sexual, or emotional abuse or harm to the child and that the

33  probability that the parent's or other person's harmful or abusive

34  conduct will recur is so remote that it would not be in the

35  child's best interests to apply the limitations of (a), (b), and

36  (m)(i) and (iii) of this subsection, or if the court expressly

37  finds that the parent's conduct did not have an impact on the

38  child, then the court need not apply the limitations of (a), (b),

                               p. 13                       HB 2065

_1  and (m)(i) and (iii) of this subsection.  The weight given to the

_2  existence of a protection order issued under chapter 26.50 RCW as

_3  to domestic violence is within the discretion of the court.  This

_4  subsection shall not apply when (c), (d), (e), (f), (g), (h), (i),

_5  (j), (k), (l), and (m)(ii) of this subsection apply.

_6      (3) ((Any person may petition the court for visitation rights

_7  at any time including, but not limited to, custody proceedings.

_8  The court may order visitation rights for any person when

_9  visitation may serve the best interest of the child whether or not

10  there has been any change of circumstances.

11      (4))) The court may modify an order granting or denying

12  visitation rights whenever modification would serve the best

13  interests of the child.  Modification of a parent's visitation

14  rights shall be subject to the requirements of subsection (2) of

15  this section.

16      (((5))) (4) For the purposes of this section, a parent's child

17  means that parent's natural child, adopted child, or stepchild.

     

18      NEW SECTION.  Sec. 5.  This act is necessary for the immediate

19  preservation of the public peace, health, or safety, or support of

20  the state government and its existing public institutions, and

21  takes effect immediately.

 

‑‑‑ END ‑‑‑

HB 2065                        p. 14