BILL REQ. #:  S-2048.1 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to making technical nonsubstantive corrections to the initial point of contact program established in chapter 496, Laws of 2007; and amending RCW 26.09.003, 26.12.260, 2.56.180, and 26.09.020.

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

Sec. 1   RCW 26.09.003 and 2007 c 496 s 102 are each amended to read as follows:
     The legislature reaffirms the intent of the current law as expressed in RCW 26.09.002. However, after review, the legislature finds that there are certain components of the existing law which do not support the original legislative intent. In order to better implement the existing legislative intent the legislature finds that ((incentives for parties to reduce family conflict and)) additional alternative dispute resolution options and incentives to reduce family conflict can assist in reducing the number of contested trials. Furthermore, the legislature finds that the identification of domestic violence as defined in RCW 26.50.010 and the treatment needs of the parties to dissolutions are necessary to improve outcomes for children. When judicial officers have the discretion to tailor individualized resolutions, the legislative intent expressed in RCW 26.09.002 can more readily be achieved. Judicial officers should have the discretion and flexibility to assess each case based on the merits of the individual cases before them.

Sec. 2   RCW 26.12.260 and 2008 c 6 s 1047 are each amended to read as follows:
     (1) After July 1, 2009, but no later than November 1, 2009, a county may, and to the extent state funding is provided to meet the minimum requirements of the program a county shall, create ((a program to provide services to all parties)) an information and referral program to provide information on services that may be available to petitioners and respondents involved in proceedings under chapter 26.09 RCW. Minimum components of this program shall include: (a) An individual to serve as an initial point of contact for dissemination of the information to parties filing petitions for dissolutions or legal separations under chapter 26.09 RCW; (b) informing parties about courthouse facilitation programs and orientations; (c) informing parties of alternatives to filing a dissolution petition, such as marriage or domestic partnership counseling; (d) informing parties of alternatives to litigation including counseling, legal separation, and mediation services ((if appropriate)); (e) informing parties of supportive family services available in the community; and (f) ((screening for referral for)) information regarding services in the areas of domestic violence as defined in RCW 26.50.010, child abuse, substance abuse, and mental health((; and (g) assistance to the court in superior court cases filed under chapter 26.09 RCW)).
     (2) This program shall not provide legal advice. No attorney-client relationship or privilege is created, by implication or by inference, between persons providing ((basic)) information under this section and the participants in the program.
     (3) The legislative authority of any county may impose user fees or may impose a surcharge of up to twenty dollars or both on only those superior court cases filed under ((this title, or both)) chapter 26.09 RCW, to pay for the expenses of this program. ((Fees)) Funds collected under this section shall be collected and deposited in the same manner as other county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. The program shall provide ((services)) information to indigent persons at no expense.
     (4) Persons who implement the program shall be appointed in the same manner as investigators, stenographers, and clerks as described in RCW 26.12.050.
     (5) If the county has a program under this section, any petition under RCW 26.09.020 must allege that the moving party ((met and conferred with the program)) received the information on available services prior to the filing of the petition.
     (6) If the county has a program under this section, parties shall ((meet and confer with the program)) obtain the information available through the program prior to participation in mediation under RCW 26.09.016.

Sec. 3   RCW 2.56.180 and 2007 c 496 s 202 are each amended to read as follows:
     (1) The administrative office of the courts shall 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 shall be provided by the county auditor when an individual applies for a marriage license under RCW 26.04.140.
     (3) The handbook created under subsection (1) of this section shall also be provided to the petitioner when he or she files a petition for dissolution, and to the respondent, unless the respondent did not file a response, notice of appearance, or any other paper in the case or did not appear in court. ((The administrative office of the courts shall on an annual basis reimburse the counties for each copy of the handbook that is distributed directly to family law parties under this section, provided that the county submits documentation of the number of handbooks distributed on an annual basis.))
     (4) The information contained in the handbook created under subsection (1) of this section shall 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.

Sec. 4   RCW 26.09.020 and 2008 c 6 s 1005 are each amended to read as follows:
     (1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:
     (a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
     (b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered;
     (c) If the parties are separated the date on which the separation occurred;
     (d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant;
     (e) Any arrangements as to the residential schedule of, decision making for, dispute resolution for, and support of the children and the maintenance of a spouse or domestic partner;
     (f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;
     (g) If the county has established a program under RCW 26.12.260, a statement affirming that the moving party ((met and conferred with the program)) received the information prior to filing the petition;
     (h) The relief sought.
     (2) Either or both parties to the marriage or to the domestic partnership may initiate the proceeding.
     (3) The petitioner shall complete and file with the petition a certificate under RCW 43.70.150 on the form provided by the department of health and the confidential information form under RCW 26.23.050.
     (4) Nothing in this section shall be construed to limit or prohibit the ability of parties to obtain appropriate emergency orders.