AN
ACT Relating to a family law handbook; amending RCW 2.56.030; adding a new
section to chapter 2.56 RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature declares that:
(1)
Strong marital relationships result in stronger families, children, and
ultimately, stronger communities and place less of a fiscal burden on the
state; and
(2)
The state has a compelling interest in providing couples, applying for a
marriage license, information with regard to marriage and, if contemplated, the
effects of divorce.
Sec.
2. RCW
2.56.030 and 1997 c 41 s 2 are each amended to read as follows:
The
administrator for the courts shall, under the supervision and direction of the
chief justice:
(1)
Examine the administrative methods and systems employed in the offices of the judges,
clerks, stenographers, and employees of the courts and make recommendations,
through the chief justice, for the improvement of the same;
(2)
Examine the state of the dockets of the courts and determine the need for
assistance by any court;
(3)
Make recommendations to the chief justice relating to the assignment of judges
where courts are in need of assistance and carry out the direction of the chief
justice as to the assignments of judges to counties and districts where the
courts are in need of assistance;
(4)
Collect and compile statistical and other data and make reports of the business
transacted by the courts and transmit the same to the chief justice to the end
that proper action may be taken in respect thereto;
(5)
Prepare and submit budget estimates of state appropriations necessary for the
maintenance and operation of the judicial system and make recommendations in
respect thereto;
(6)
Collect statistical and other data and make reports relating to the expenditure
of public moneys, state and local, for the maintenance and operation of the
judicial system and the offices connected therewith;
(7)
Obtain reports from clerks of courts in accordance with law or rules adopted by
the supreme court of this state on cases and other judicial business in which
action has been delayed beyond periods of time specified by law or rules of
court and make report thereof to supreme court of this state;
(8)
Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9)
Submit annually, as of February 1st, to the chief justice, a report of the
activities of the administrator's office for the preceding calendar year
including activities related to courthouse security;
(10)
Administer programs and standards for the training and education of judicial
personnel;
(11)
Examine the need for new superior court and district judge positions under a
weighted caseload analysis that takes into account the time required to hear
all the cases in a particular court and the amount of time existing judges have
available to hear cases in that court. The results of the weighted caseload
analysis shall be reviewed by the board for judicial administration which shall
make recommendations to the legislature. It is the intent of the legislature
that weighted caseload analysis become the basis for creating additional
district court positions, and recommendations should address that objective;
(12)
Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(13)
Attend to such other matters as may be assigned by the supreme court of this
state;
(14)
Within available funds, develop a curriculum for a general understanding of
child development, placement, and treatment resources, as well as specific
legal skills and knowledge of relevant statutes including chapters 13.32A,
13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special
needs of the abused or neglected child. This curriculum shall be completed and
made available to all juvenile court judges, court personnel, and service
providers and be updated yearly to reflect changes in statutes, court rules, or
case law;
(15)
Develop, in consultation with the entities set forth in RCW 2.56.150(3), a
comprehensive statewide curriculum for persons who act as guardians ad litem
under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997,
and include specialty sections on child development, child sexual abuse, child
physical abuse, child neglect, clinical and forensic investigative and
interviewing techniques, family reconciliation and mediation services, and
relevant statutory and legal requirements. The curriculum shall be made
available to all superior court judges, court personnel, and all persons who
act as guardians ad litem;
(16)
Develop a curriculum for a general understanding of crimes of malicious
harassment, as well as specific legal skills and knowledge of RCW 9A.36.080,
relevant cases, court rules, and the special needs of malicious harassment
victims. This curriculum shall be made available to all superior court and
court of appeals judges and to all justices of the supreme court;
(17)
Develop, in consultation with the criminal justice training commission and the
commissions established under chapters 43.113, 43.115, and 43.117 RCW, a
curriculum for a general understanding of ethnic and cultural diversity and its
implications for working with youth of color and their families. The
curriculum shall be available to all superior court judges and court
commissioners assigned to juvenile court, and other court personnel. Ethnic
and cultural diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile courts
statewide;
(18)
Authorize the use of closed circuit television and other electronic equipment
in judicial proceedings. The administrator shall promulgate necessary
standards and procedures and shall provide technical assistance to courts as
required;
(19)
Develop a Washington family law handbook in accordance with section 3 of this
act.
NEW
SECTION. Sec. 3. A
new section is added to chapter 2.56 RCW to read as follows:
(1)
The administrator for the courts will create a handbook explaining the sections
of Washington law pertaining to the rights and responsibilities of marital
partners to each other and to any children during a marriage and a dissolution
of marriage. The handbook may also be provided in videotape or other
electronic form.
(2)
The handbook created under subsection (1) of this section will be provided by
the county auditor when an individual files a marriage certificate under RCW
26.04.090.
(3)
The information contained in the handbook created under subsection (1) of this
section will be reviewed and updated annually. The handbook must contain the
following information:
(a)
Information on prenuptial agreements as contracts and as a means of structuring
financial arrangements and other aspects of the marital relationship;
(b)
Information on shared parental responsibility for children, including
establishing a residential schedule for the child in the event of the
dissolution of the marriage;
(c)
Information on notice requirements and standards for parental relocation;
(d)
Information on child support for minor children;
(e)
Information on property rights, including equitable distribution of assets and
premarital and postmarital property rights;
(f)
Information on spousal maintenance;
(g)
Information on domestic violence, child abuse, and neglect, including
penalties;
(h)
Information on the court process for dissolution;
(i)
Information on the effects of dissolution on children;
(j) Information on community resources that are available to
separating or divorcing persons and their children.
