[atlas:bill]

AN ACT Relating to establishing parenting plans or residential schedules for parents who have voluntarily acknowledged paternity; amending RCW 26.26.040, 26.26.130, 26.50.025, 26.50.060, 9.41.800, 10.14.200, 26.23.020, and 26.23.120; adding a new chapter to Title 26 RCW; creating a new section; and prescribing penalties.

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

Sec. 1. RCW 26.26.040 and 1997 c 58 s 938 are each amended to read as follows:

(1) A man is presumed to be the natural father of a child for all intents and purposes if:

(a) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court; or

(b) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born within three hundred days after the termination of cohabitation;

(c) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and

(i) He has acknowledged his paternity of the child in writing filed with the state registrar of vital statistics,

(ii) With his consent, he is named as the child's father on the child's birth certificate, or

(iii) He is obligated to support the child under a written voluntary promise or by court order;

(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child;

(e) He acknowledges his paternity of the child pursuant to RCW 70.58.080 or in a writing filed with the state registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, if she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the state registrar of vital statistics.

(i) An acknowledgment of paternity under RCW 70.58.080 shall be a legal finding of paternity of the child sixty days after the acknowledgment is filed with the center for health statistics unless the acknowledgment is sooner rescinded or challenged.

(ii) After the sixty-day period has passed, the acknowledgment may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.

(iii) Legal responsibilities of the challenger, including child support obligations, may not be suspended during the challenge, except for good cause shown.

(iv) Judicial and administrative proceedings are neither required nor permitted to ratify an unchallenged acknowledgment of paternity filed after July 27, 1997. In order to enforce or establish rights of residential time, custody, ((~~and~~)) visitation, dispute resolution, or decision-making authority, a man presumed to be the father of a child as a result of filing a written acknowledgment ((~~must~~)) of paternity, or the mother of a child listed on an acknowledgment of paternity, may seek ((~~appropriate judicial orders~~)) either a residential schedule or a parenting plan under ((~~this title~~)) chapter 26.-- RCW (sections 9 through 24 of this act);

(f) The United States immigration and naturalization service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

(g) Genetic testing indicates a ninety-eight percent or greater probability of paternity.

(2) A presumption under this section may be rebutted in an appropriate action only by clear, cogent, and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

Sec. 2. RCW 26.26.130 and 2000 c 119 s 10 are each amended to read as follows:

(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.

(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.

(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.

(4) The judgment and order shall contain the social security numbers of all parties to the order.

(5) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.

(6) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter 26.19 RCW.

(7) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party. A man presumed to be the father of a child as a result of filing a written acknowledgment of paternity, or the mother of a child listed on an acknowledgment, may seek either a residential schedule or a parenting plan under chapter 26.-- RCW (sections 9 through 24 of this act).

(8) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.

(9) In entering an order under this chapter, the court may issue any necessary continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

(10) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.

(11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

(12) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day. Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence system.

Sec. 3. RCW 26.50.025 and 1995 c 246 s 2 are each amended to read as follows:

(1) Any order available under this chapter may be issued in actions under chapter 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW. If an order for protection is issued in an action under chapter 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW, the order shall be issued on the forms mandated by RCW 26.50.035(1). An order issued in accordance with this subsection is fully enforceable and shall be enforced under the provisions of this chapter.

(2) If a party files an action under chapter 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW, an order issued previously under this chapter between the same parties may be consolidated by the court under that action and cause number. Any order issued under this chapter after consolidation shall contain the original cause number and the cause number of the action under chapter 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW. Relief under this chapter shall not be denied or delayed on the grounds that the relief is available in another action.

Sec. 4. RCW 26.50.060 and 2000 c 119 s 15 are each amended to read as follows:

(1) Upon notice and after hearing, the court may provide relief as follows:

(a) Restrain the respondent from committing acts of domestic violence;

(b) Exclude the respondent from the dwelling that the parties share, from the residence, workplace, or school of the petitioner, or from the day care or school of a child;

(c) Prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

(d) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;

(e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW 26.50.150;

(f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;

(g) Require the respondent to pay the administrative court costs and service fees, as established by the county or municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorneys' fees;

(h) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household;

(i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring;

(j) Consider the provisions of RCW 9.41.800;

(k) Order possession and use of essential personal effects. The court shall list the essential personal effects with sufficient specificity to make it clear which property is included; and

(l) Order use of a vehicle.

(2) If a protection order restrains the respondent from contacting the respondent's minor children the restraint shall be for a fixed period not to exceed one year. This limitation is not applicable to orders for protection issued under chapter 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW. With regard to other relief, if the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either grant relief for a fixed period or enter a permanent order of protection.

If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09, 26.-- (sections 9 through 24 of this act), or 26.26 RCW.

(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085 or by mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)((~~(f)~~)) (g) of this section.

(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.

(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.

(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service, service by publication, or service by mail and whether the court has approved service by publication or mail of an order issued under this section.

(7) If the court declines to issue an order for protection or declines to renew an order for protection, the court shall state in writing on the order the particular reasons for the court's denial.

Sec. 5. RCW 9.41.800 and 1996 c 295 s 14 are each amended to read as follows:

(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, ((or)) 26.50.070, or section 18 or 19 of this act shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:

(a) Require the party to surrender any firearm or other dangerous weapon;

(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;

(d) Prohibit the party from obtaining or possessing a concealed pistol license.

(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, ((or)) 26.50.070, or section 18 or 19 of this act may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:

(a) Require the party to surrender any firearm or other dangerous weapon;

(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;

(d) Prohibit the party from obtaining or possessing a concealed pistol license.

(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.

(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.

(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party's counsel or to any person designated by the court.

Sec. 6. RCW 10.14.200 and 1999 c 397 s 4 are each amended to read as follows:

Any order available under this chapter may be issued in actions under chapter 13.32A, 26.09, 26.10, 26.-- (sections 9 through 24 of this act), or 26.26 RCW. An order available under this chapter that is issued under those chapters shall be fully enforceable and shall be enforced pursuant to the provisions of this chapter.

Sec. 7. RCW 26.23.020 and 1987 c 435 s 2 are each amended to read as follows:

(1) The definitions contained in RCW 74.20A.020 and section 11 of this act shall be incorporated into and made a part of this chapter.

(2) "Support order" means a superior court order or administrative order, as defined in RCW 74.20A.020.

(3) "Parenting plan" means a plan for parenting the child, including allocation of parenting functions.

(4) "Residential schedule" means a plan essentially the same as a parenting plan without provision relating to parental decision making and resolution of disputes about such decision making. A residential schedule shall designate in which parent's home each minor child shall reside on a given day of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions.

(5) "Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy support obligations, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW. Earnings shall specifically include all gain from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.

((~~(4)~~)) (6) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of an amount required by law to be withheld.

((~~(5)~~)) (7) "Employer" means any person or entity who pays or owes earnings in employment as defined in Title 50 RCW to the responsible parent including but not limited to the United States government, or any state or local unit of government.

((~~(6)~~)) (8) "Employee" means a person in employment as defined in Title 50 RCW to whom an employer is paying, owes or anticipates paying earnings as a result of services performed.

Sec. 8. RCW 26.23.120 and 1998 c 160 s 4 are each amended to read as follows:

(1) Any information or records concerning individuals who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the division of child support, or under chapter 74.20 RCW shall be private and confidential and shall only be subject to public disclosure as provided in subsection (2) of this section.

(2) The secretary of the department of social and health services may adopt rules:

(a) That specify what information is confidential;

(b) That specify the individuals or agencies to whom this information and these records may be disclosed;

(d) Establishing procedures to obtain the information or records; or

(e) Establishing safeguards necessary to comply with federal law requiring safeguarding of information.

(3) The rules adopted under subsection (2) of this section shall provide for disclosure of the information and records, under appropriate circumstances, which shall include, but not be limited to:

(a) When authorized or required by federal statute or regulation governing the support enforcement program;

(b) To the person the subject of the records or information, unless the information is exempt from disclosure under RCW 42.17.310;

(c) To government agencies, whether state, local, or federal, and including federally recognized tribes, law enforcement agencies, prosecuting agencies, and the executive branch, if the disclosure is necessary for child support enforcement purposes or required under Title IV-D of the federal social security act;

(d) To the parties in a judicial or adjudicative proceeding upon a specific written finding by the presiding officer that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records;

(e) To private persons, federally recognized tribes, or organizations if the disclosure is necessary to permit private contracting parties to assist in the management and operation of the department;

(f) Disclosure of address and employment information to the parties to an action for purposes relating to a child support order, subject to the limitations in subsections (4) and (5) of this section;

(g) Disclosure of address and employment information to the parties to an action for purposes relating to a temporary or permanent parenting plan or residential schedule, subject to the limitations in subsections (4) and (5) of this section;

(h) Disclosure of information or records when necessary to the efficient administration of the support enforcement program or to the performance of functions and responsibilities of the support registry and the division of child support as set forth in state and federal statutes; or

((~~(h)~~)) (i) Disclosure of the information or records when authorized under RCW 74.04.060.

(4) Prior to disclosing the whereabouts of a physical custodian, custodial parent or a child to the other parent or party, a notice shall be mailed, if appropriate under the circumstances, to the parent or physical custodian whose whereabouts are to be disclosed, at that person's last known address. The notice shall advise the parent or physical custodian that a request for disclosure has been made and will be complied with unless the department:

(a) Receives a copy of a court order within thirty days which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the parent or party whose address is to be disclosed or the child;

(b) Receives a hearing request within thirty days under subsection (5) of this section; or

(c) Has reason to believe that the release of the information may result in physical or emotional harm to the physical custodian whose whereabouts are to be released, or to the child.

(5) A person receiving notice under subsection (4) of this section may request an adjudicative proceeding under chapter 34.05 RCW, at which the person may show that there is reason to believe that release of the information may result in physical or emotional harm to the person or the child. The administrative law judge shall determine whether the whereabouts of the person or child should be disclosed based on subsection (4)(c) of this section, however no hearing is necessary if the department has in its possession a protective order or an order limiting visitation or contact.

(6) The notice and hearing process in subsections (4) and (5) of this section do not apply to protect the whereabouts of a noncustodial parent, unless that parent has requested notice before whereabouts information is released. A noncustodial parent may request such notice by submitting a written request to the division of child support.

(7) Nothing in this section shall be construed as limiting or restricting the effect of RCW 42.17.260(9). Nothing in this section shall be construed to prevent the disclosure of information and records if all details identifying an individual are deleted or the individual consents to the disclosure.

(8) It shall be unlawful for any person or agency in violation of this section to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists of names for commercial or political purposes or the use of any information for purposes other than those purposes specified in this section. A violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 9. The legislature recognizes the fundamental importance of the parent-child relationship to the welfare of children, and that the parent-child relationship extends equally to every child and to every parent. Parents who have filed a written acknowledgment of paternity have been encountering barriers to obtaining a residential schedule or parenting plan that were not intended by the legislature when it revised the acknowledgment of paternity process. These barriers include the lack of clear statutory authority to petition for a residential schedule or a parenting plan without going through a parentage action under chapter 26.26 RCW and the necessity of appointing, and paying for, guardians ad litem and genetic testing.

These unintended barriers effectively limit access to the courts because a large number of parents who have filed a written acknowledgment of paternity have been unable or unwilling to proceed with a parentage action solely to obtain a residential schedule or parenting plan. The legislature recognizes that resolving issues and obtaining a residential schedule or parenting plan is important to the welfare of the children of this state.

It is the intent of the legislature to provide parents who have filed a written acknowledgment of paternity with a clear and simple procedure to obtain a residential schedule or parenting plan.

NEW SECTION. Sec. 10. In any proceeding under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties' parental responsibilities. The best interests of the child are served by a residential schedule or a parenting plan that best maintains a child's emotional growth, health, stability, and physical care. When determining the best interests of a child, the court shall be guided by the standards in chapter 26.09 RCW.

NEW SECTION. Sec. 11. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1)(a) "Acknowledgment of paternity" means for acknowledgments of paternity filed on or before July 27, 1997, an acknowledgment of paternity filed with the state registrar of vital statistics on which the man listed as the father on the acknowledgment of paternity has not requested blood or genetic testing in any court or administrative proceedings, or has not been named in a paternity action as a possible father of the child listed in the acknowledgment of paternity.

(b) "Acknowledgment of paternity" means for acknowledgments of paternity filed after July 27, 1997, an acknowledgment of paternity filed with the state registrar of vital statistics on which more than sixty days have passed since the acknowledgment was filed, and neither the man listed as the father nor the woman listed as the mother on the acknowledgment of paternity has filed a judicial action challenging the acknowledgment based upon fraud, duress, or material mistake of fact.

(2) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. "Parenting functions" include:

(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;

(b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;

(c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;

(d) Assisting the child in developing and maintaining appropriate interpersonal relationships;

(e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and

(f) Providing for the financial support of the child.

(3) "Permanent parenting plan" means a final plan for parenting the child, including allocation of parenting functions.

(4) "Presumed father" or "father" means the man listed as the father on an acknowledgment of paternity.

(5) "Residential schedule" means a plan essentially the same as a parenting plan without provision relating to parental decision making and resolution of disputes about such decision making. A residential schedule shall designate in which parent's home each minor child shall reside on a given day of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions.

(6) "Temporary parenting plan" means a plan for parenting the child pending final resolution of the issues that is incorporated in a temporary order.

NEW SECTION. Sec. 12. (1) The superior courts have jurisdiction of an action brought under this chapter.

(2) The action must be brought in a county in which a child for whom the residential schedule or parenting plan is sought resides.

NEW SECTION. Sec. 13. (1) An action under this chapter is a civil action governed by the rules of civil procedure.

(2) The trial shall be by the court without a jury.

(3) A proceeding for a residential schedule or parenting plan under this chapter shall be entitled either "In re a residential schedule for . . . . . .." or "In re a parenting plan for . . . . . .." If the proceeding is for two or more children of the parties then a proceeding under this chapter shall be entitled either "In re a residential schedule for . . . . . ., . . . . . ., and . . . . . .." or "In re a parenting plan for . . . . . ., . . . . . ., and . . . . . .."

(4) The initial pleading under this chapter is a petition. The responsive pleading is a response. Other pleadings shall be named as provided in the civil rules for superior court.

(5) A proposed residential schedule or permanent parenting plan shall be filed along with the initial petition.

NEW SECTION. Sec. 14. (1) The presumed father listed on an acknowledgment of paternity may seek a residential schedule or parenting plan under this chapter.

(2) The mother listed on an acknowledgment of paternity may seek a residential schedule or parenting plan under this chapter

(3) Regardless of its terms, no agreement between a presumed father, a mother, and/or a child, shall bar an action under this chapter.

(4) Actions under this chapter may be maintained as to any child for which an acknowledgment of paternity has been filed, whether the child was born before or after the effective date of this act.

(5) Actions under this chapter may be maintained as to any child for which an acknowledgment of paternity has been filed, whether the acknowledgment of paternity was filed before or after the effective date of this act.

NEW SECTION. Sec. 15. (1) The child or children for whom a residential schedule or a parenting plan is requested are not parties to an action under this chapter. An attorney or guardian ad litem for the children is not required. However, the court may appoint an attorney or guardian ad litem to represent a child with respect to the provisions of a residential schedule or a parenting plan as it would in an action under chapter 26.09 RCW.

(2) The court may enter an order for costs and fees in favor of the child's attorney or guardian ad litem. The order may be made against either or both the presumed father and mother, and in such proportions and at such times as determined by the court.

NEW SECTION. Sec. 16. The court may award costs as provided in RCW 26.09.140.

NEW SECTION. Sec. 17. (1) Pleadings filed with the clerk of the court in an action under this chapter shall be on forms approved by the administrator for the courts.

(2) The parties shall comply with RCW 26.18.220 when submitting forms to the court.

NEW SECTION. Sec. 18. (1) As provided in chapter 26.09 RCW, the court may enter a temporary or permanent residential schedule providing where a child shall reside on any given day. A parenting plan is not required unless requested by one of the parties.

(2) As provided in chapter 26.09 RCW, the court may enter a temporary or permanent parenting plan providing for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions.

(3) As provided in chapter 26.09 RCW, when entering a temporary or permanent residential schedule or a temporary or permanent parenting plan under this chapter, the court may issue any necessary temporary or continuing restraining orders, including the restraint provisions of domestic violence protection orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.

(4) Restraining orders issued under this chapter restraining the person from molesting or disturbing another party or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child shall prominently bear on the front page of the order the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.-- RCW (SECTIONS 9 THROUGH 24 OF THIS ACT) AND WILL SUBJECT A VIOLATOR TO ARREST.

(5) The court shall order that any restraining order bearing the criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this chapter be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.

NEW SECTION. Sec. 19. (1) As provided in chapter 26.09 RCW, either party may request the court to issue a temporary restraining order.

(2) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis. The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080. Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.

(3) Restraining orders issued under this section shall bear the legend required in section 18 of this act.

(4) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court as required by section 18 of this act.

(5) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.

(6) A temporary order or temporary restraining order:

(a) Does not prejudice the rights of a party or any child that are to be adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified;

(d) May be entered in a proceeding for the modification of an existing order.

NEW SECTION. Sec. 20. (1) Whenever a restraining order is issued under this chapter, and the person to be restrained knows of the order, a violation of its provisions is a misdemeanor.

(2) A person is deemed to have notice of a restraining order if:

(a) The person to be restrained or the person's attorney signed the order;

(b) The order recites that the person to be restrained or the person's attorney appeared in person before the court;

(d) The law enforcement officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(3) A law enforcement officer shall verify the existence of a restraining order by:

(a) Obtaining information confirming the existence and terms of the order from a law enforcement agency; or

(b) Obtaining a certified copy of the order, certified to be an accurate copy of the original by a notary public or by the clerk of the court.

(4) A law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

(a) A restraining order has been issued under this chapter;

(b) The respondent or person to be restrained knows of the order; and

(c) The person to be arrested has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering the residence, workplace, school, or day care of another.

(5) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule.

(6) No law enforcement officer may be held criminally or civilly liable for making an arrest under subsection (4) of this section if the officer acts in good faith and without malice.

NEW SECTION. Sec. 21. The court may modify a residential schedule or parenting plan adopted under this chapter in accordance with the provisions of chapter 26.09 RCW.

NEW SECTION. Sec. 22. The court may, upon proper motion and good cause shown, provide that any hearing or trial held under this chapter be held in closed court without admittance of any person other than those necessary to the action or proceeding or for the orderly administration of justice. Upon entry of such an order, all papers and records, other than the final residential schedule or final parenting plan and matters related to the enforcement of the final residential schedule or final parenting plan, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the department of social and health services, are subject to inspection by a nonparty only upon an order of the court for good cause shown following reasonable notice to all parties of the hearing where such order is to be sought.

NEW SECTION. Sec. 23. Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a residential schedule or parenting plan issued under this chapter shall designate the parent with whom the child is scheduled to reside a majority of the time as the legal custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under the residential schedule or the parenting plan. In the absence of such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the legal custodian of the child for the purposes of federal and state statutes.

NEW SECTION. Sec. 24. Any action filed under this chapter for the entry of a residential schedule or a parenting plan is not an action to ratify or challenge an acknowledgment of paternity filed with the state registrar of vital statistics.

NEW SECTION. Sec. 25. This act may be known and cited as the presumed parents parenting act.

NEW SECTION. Sec. 26. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 27. Sections 9 through 24 of this act constitute a new chapter in Title 26 RCW.