BILL REQ. #: S-3593.5
State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/10/2006. Referred to Committee on Human Services & Corrections.
AN ACT Relating to shared parental responsibility; amending RCW 26.09.004 and 26.09.187; adding a new section to chapter 26.09 RCW; adding a new section to chapter 7.75 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 This act may be known and cited as the
shared parental responsibility act.
Sec. 2 RCW 26.09.004 and 1987 c 460 s 3 are each amended to read
as follows:
The definitions in this section apply throughout this chapter.
(1) "Temporary parenting plan" means a plan for parenting of the
child pending final resolution of any action for dissolution of
marriage, declaration of invalidity, or legal separation which is
incorporated in a temporary order.
(2) "Permanent parenting plan" means a plan for parenting the
child, including allocation of parenting functions, which plan is
incorporated in any final decree or decree of modification in an action
for dissolution of marriage, declaration of invalidity, or legal
separation.
(3) "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.
(4) "Shared parental responsibility" means shared residential
placement and mutual decision-making authority.
(5) "Shared residential placement" means an order awarding each of
the parents periods of time, amounting to at least one-third of a year,
in which a child resides with or is under the actual, direct, day-to-day care and supervision of each of the parents. "Shared residential
placement" does not necessarily mean the child must alternate his or
her residence between the households of the parents for brief periods
of time.
NEW SECTION. Sec. 3 A new section is added to chapter 26.09 RCW
to read as follows:
(1) There shall be a presumption that shared parental
responsibility is in the best interests of minor children six years old
or older unless:
(a) The parents have agreed to an alternate award of residential
placement or decision-making authority to only one parent;
(b) The limitations of RCW 26.09.191 are dispositive of the child's
residential schedule; or
(c) The court finds that shared parental responsibility would be
detrimental to the child or children.
(2) A parent alleging that shared parental responsibility would be
detrimental to the child or children shall have the burden of
establishing the allegation by a preponderance of the evidence.
(3) If a parent alleges that shared parental responsibility would
be detrimental to a particular child, the court, in making a
determination whether a shared parental responsibility order is
appropriate, may direct that an investigation be conducted in
accordance with the provisions of RCW 26.09.220. If the court declines
to enter a shared parental responsibility order under this section, the
court shall enter findings of fact and conclusions of law stating the
reasons that shared parental responsibility is detrimental to the child
or children.
Sec. 4 RCW 26.09.187 and 1989 c 375 s 10 are each amended to read
as follows:
(1) DISPUTE RESOLUTION PROCESS. The court shall not order a
dispute resolution process, except court action, when it finds that any
limiting factor under RCW 26.09.191 applies, or when it finds that
either parent is unable to afford the cost of the proposed dispute
resolution process. If a dispute resolution process is not precluded
or limited, then in designating such a process the court shall consider
all relevant factors, including:
(a) Differences between the parents that would substantially
inhibit their effective participation in any designated process;
(b) The parents' wishes or agreements and, if the parents have
entered into agreements, whether the agreements were made knowingly and
voluntarily; and
(c) Differences in the parents' financial circumstances that may
affect their ability to participate fully in a given dispute resolution
process.
(2) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve
agreements of the parties allocating decision-making authority, or
specifying rules in the areas listed in RCW 26.09.184(4)(a), when it
finds that:
(i) The agreement is consistent with any limitations on a parent's
decision-making authority mandated by RCW 26.09.191; and
(ii) The agreement is knowing and voluntary.
(b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole
decision-making to one parent when it finds that:
(i) A limitation on the other parent's decision-making authority is
mandated by RCW 26.09.191;
(ii) Both parents are opposed to mutual decision making;
(iii) One parent is opposed to mutual decision making, and such
opposition is reasonable based on the criteria in (c) of this
subsection;
(c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a)
and (b) of this subsection, the court shall consider the following
criteria in allocating decision-making authority:
(i) The existence of a limitation under RCW 26.09.191;
(ii) The history of participation of each parent in decision making
in each of the areas in RCW 26.09.184(4)(a);
(iii) Whether the parents have a demonstrated ability and desire to
cooperate with one another in decision making in each of the areas in
RCW 26.09.184(4)(a); and
(iv) The parents' geographic proximity to one another, to the
extent that it affects their ability to make timely mutual decisions.
(3) RESIDENTIAL PROVISIONS.
(a) The court shall make residential provisions for each child
which encourage each parent to maintain a loving, stable, and nurturing
relationship with the child, consistent with the child's developmental
level and the family's social and economic circumstances. There is a
presumption that for a child six years old or older, the child's
residential schedule shall provide shared parental responsibility in
accordance with section 3 of this act. The child's residential
schedule shall be consistent with RCW 26.09.191. Where the limitations
of RCW 26.09.191 are not dispositive of the child's residential
schedule, and the child is less than six years old, the court shall
consider the following factors:
(i) The relative strength, nature, and stability of the child's
relationship with each parent((, including whether a parent has taken
greater responsibility for performing parenting functions relating to
the daily needs of the child));
(ii) The agreements of the parties, provided they were entered into
knowingly and voluntarily;
(iii) Each parent's past and potential for future performance of
parenting functions;
(iv) The emotional needs and developmental level of the child and
any special physical needs of the child;
(v) Whether the child is a nursing child;
(vi) The child's relationship with siblings and with other
significant adults, as well as the child's involvement with his or her
physical surroundings, school, or other significant activities;
(((vi))) (vii) The wishes of the parents and the wishes of a child
who is sufficiently mature to express reasoned and independent
preferences as to his or her residential schedule; and
(((vii))) (viii) Each parent's employment schedule, and shall make
accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) ((The court may order that a child frequently alternate his or
her residence between the households of the parents for brief and
substantially equal intervals of time only if the court finds the
following:))
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such provisions and the
agreement was knowingly and voluntarily entered into; or
(B) The parties have a satisfactory history of cooperation and
shared performance of parenting functions; the parties are available to
each other, especially in geographic proximity, to the extent necessary
to ensure their ability to share performance of the parenting
functions; and
(iii) The provisions are in the best interests of the child.
For any child, residential provisions may contain any reasonable
terms or conditions that facilitate the orderly and meaningful exercise
of residential time by a parent, including one or more of the
following:
(i) Requirements that residential times be specified;
(ii) Requirements of reasonable notice when residential time will
not occur; and
(iii) Any other reasonable condition determined to be appropriate
in the particular case.
NEW SECTION. Sec. 5 A new section is added to chapter 7.75 RCW
to read as follows:
(1) A municipality, a county, a corporation organized exclusively
for the resolution of family disputes, or a dispute resolution center
created pursuant to this chapter may apply to the administrative office
of the courts for participation in a family dispute resolution pilot
project. The administrative office of the courts shall select a
maximum of two urban and two rural counties to participate in the
family dispute resolution center pilot projects.
(2) A family dispute resolution center pilot project created under
this section is subject to the same requirements, restrictions, and
funding mechanisms as provided for dispute resolution centers under
this chapter. In addition, a family dispute resolution center plan
shall include the following:
(a) Provisions for specialized training for mediators in the areas
of family law, including the identification of domestic violence; and
(b) Provisions for domestic violence assessments.