BILL REQ. #:  S-0559.2 

Read first time 02/03/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to providing financial assistance for victims of domestic violence seeking protection orders; amending RCW 26.50.060 and 26.50.070; adding new sections to chapter 26.50 RCW; adding a new section to chapter 74.08A RCW; creating a new section; 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 26.50 RCW to read as follows:
     The legislature recognizes that there are numerous barriers that make it difficult for domestic violence victims to leave their abusers. One such barrier is the lack of financial resources for some domestic violence victims when domestic violence perpetrators often control their victims by, among other things, limiting the victim's access to money and other resources. The legislature intends that when courts issue protection orders for victims of domestic violence, victims receive information on and access to temporary, short-term financial assistance to assist victims with the immediate, necessary financial means to further safety of victims and their dependents.

Sec. 2   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 or safety 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) In appropriate cases, refer the petitioner to the department of social and health services' diversion assistance program as specified in sections 4 and 5 of this act;
     (h) 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))) (i) 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))) (j) 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))) (k) Consider the provisions of RCW 9.41.800;
     (((k))) (l) 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))) (m) 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, 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 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))) (h) 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. 3   RCW 26.50.070 and 2000 c 119 s 16 are each amended to read as follows:
     (1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
     (a) Restraining any party from committing acts of domestic violence;
     (b) Restraining any party from going onto the grounds of or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care or school of a child until further order of the court;
     (c) Prohibiting any party from knowingly coming within, or knowingly remaining within, a specified distance from a specified location;
     (d) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court;
     (e) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))
     (f) Considering the provisions of RCW 9.41.800; and
     (g) Restraining any party from transferring, removing, encumbering, concealing, or in any way disposing of any shared or joint property except in the usual course of business or for the necessities of life, and, if appropriate, requiring the person so restrained to notify the petitioner, in a manner deemed appropriate by the court, of any proposed extraordinary expenditure made after the order is issued.
     (2) The court may also, in appropriate cases, refer the petitioner to the department of social and health services' diversion assistance program as specified in sections 4 and 5 of this act.
     (3) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
     (((3))) (4) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
     (((4))) (5) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW 26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication or by mail is permitted. Except as provided in RCW 26.50.050, 26.50.085, and 26.50.123, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
     (((5))) (6) Any order issued under this section shall contain the date and time of issuance and the expiration date and shall be entered into a statewide judicial information system by the clerk of the court within one judicial day after issuance.
     (((6))) (7) If the court declines to issue an ex parte temporary order for protection the court shall state the particular reasons for the court's denial. The court's denial of a motion for an ex parte order of protection shall be filed with the court.

NEW SECTION.  Sec. 4   A new section is added to chapter 26.50 RCW to read as follows:
     (1) A person who receives an order granted under RCW 26.50.060 or 26.50.070, in addition to any relief the court may provide, may receive at the court's discretion a referral to the department of social and health services' diversion assistance program under section 5 of this act.
     (2) The court shall develop a referral form for petitioners who are granted an order of protection. At a minimum, referral shall include a declaration that the bearer has been granted an order of protection and provide appropriate contact information within the department for the diversion assistance program. To the extent possible within available resources the court shall provide the petitioners with a copy of the department's application form and provide a court facilitator or victim advocate to assist a petitioner with his or her referral and application to the diversion assistance program.
     (3) The court clerk shall notify the department that it has given a referral to a petitioner as soon as practicable but not later than seventy-two hours following the issuance of the order for protection, excluding weekends and holidays.

NEW SECTION.  Sec. 5   A new section is added to chapter 74.08A RCW to read as follows:
     (1) In order to provide some victims of domestic violence who have sought orders of protection with financial resources when domestic violence perpetrators control the victim's access to money and other resources, the department shall administer a diversion assistance program for qualified domestic violence victims.
     (2) The department shall provide an applicant under this section with a cash grant through the department's diversion assistance program provided that:
     (a) The applicant presents a copy of a valid court order of protection issued under chapter 26.50 RCW;
     (b) The applicant presents a copy of a valid referral to the diversion assistance program from the courts;
     (c) The applicant alleges that he or she does not have access to financial resources due to the domestic violence.
     (3) At the time of application, an applicant shall not be required to provide documentation of his or her inability to access financial resources prior to the approval of the application.
     (4) An applicant shall not be required to meet eligibility requirements, including income, resource, and family unit requirements, otherwise required for an applicant to the diversion assistance program.
     (5) The department shall develop an application form for the diversion assistance program specifically for victims of domestic violence with a court order under chapter 26.50 RCW. The department shall make available to the court a copy of the application and shall post the application on the department's web site.
     (6) The maximum amount of allowable assistance provided to a petitioner under this section shall be the same as that established for other categories of recipients of the diversion assistance program.
     (7) Diversion assistance shall include a cash payment, based on alleged need, to enable the petitioner to obtain emergency relief including, but not limited to:
     (a) Housing;
     (b) Food;
     (c) Child care;
     (d) Medical costs;
     (e) Transportation-related expenses;
     (f) Attorneys' fees reasonably related to the domestic violence; and
     (g) Employment-related expenses which are necessary to keep or obtain paid employment.
     (8) The department shall process an application under this section within seventy-two hours, excluding Saturdays, Sundays, and holidays. Upon approval, the department shall immediately provide an applicant with cash assistance.
     (9) The department may initiate, continue, maintain, or execute an action to collect a repayment of a cash grant made under this section in the following manner and in the following order:
     (a) If the department has reasonable cause to believe that the recipient intentionally, knowingly, or willfully misrepresented his or her access to financial resources, the department may collect repayment from the recipient. The recipient shall be entitled to an adjudicative proceeding as provided for a public assistance applicant or recipient under RCW 74.08.080;
     (b) If the recipient is placed on the temporary assistance for needy families program within twelve months of receiving diversion assistance, the prorated dollar value of the assistance shall be treated as a loan from the state, and recovered by a deduction from the recipient's cash grant; and
     (c) The department may seek repayment from the respondent of record to the order of protection issued to the recipient under chapter 26.50 RCW.
     (i) The department shall move to collect payment only from a respondent who has a legal duty to support any party sought to be protected in an order issued under chapter 26.50 RCW. A duty to support includes, but is not limited to, a legal obligation to support a spouse, a minor child, or other person legally dependent on the respondent.
     (ii) The respondent is entitled to an adjudicative proceeding as provided in chapter 74.08 RCW, including notice, an administrative hearing, and a finding of a legal obligation to support.
     (iii) If the department finds that the respondent is unable to make payment or is not reasonably expected to be able to make payment in the foreseeable future, the department may waive collection or establish a payment schedule.
     (iv) The repayment amount sought shall not exceed the amount of the diversion assistance paid to the petitioner sought to be protected in an order.
     (10) Any applicant for or recipient of a cash grant as provided under this act who intentionally, knowingly, or willfully misrepresents his or her access to financial resources is subject to the same penalties of perjury as provided for any applicant for or recipient of public assistance as provided in RCW 74.08.055.
     (11) The department shall have all the powers and duties necessary to carry out the purposes of this section.

NEW SECTION.  Sec. 6   The department of social and health services shall collect data on the domestic violence recipients of the diversion assistance program. The department shall analyze the data collected and present a report to the appropriate committees of the legislature no later than December 1, 2007.