S-2214               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3252

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Owen and Warnke)

Read first time 3/1/85.

AN ACT Relating to domestic relations; adding a new section to chapter 26.09 RCW; adding a new section to chapter 26.12 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.12 RCW to read as follows:

          (1) Any county may contract under chapter 39.34 RCW with any other county or counties to provide joint family court services.

          (2) Any agreement between two or more counties for the operation of a joint family court service may provide that the treasurer of one participating county shall be the custodian of moneys made available for the purposes of the joint services, and that the treasurer may make payments from the moneys upon proper authorization.

          (3) Any agreement between two or more counties for the operation of a joint family court service may also provide:

          (a) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating county under contract for the other participating counties;

          (b) For appointments of members of the staff of the family court including the supervising counselor;

          (c) That, for specified purposes, the members of the staff of the family court including the supervising counselor, but excluding the judges of the family court and other court personnel, shall be considered to be employees of one participating county;

          (d) For other matters as are necessary to carry out the purposes of this chapter.

          (4) The provisions of this chapter relating to family court services provided by a single county shall be equally applicable to counties which contract, under this section, to provide joint family court services.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.09 RCW to read as follows:

          (1) In any proceeding under this chapter, the matter may be set for mediation of the contested issues before or concurrent with the setting of the matter for hearing.  The purpose of the mediation proceeding shall be to reduce acrimony which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with both parents after the marriage is dissolved.  The mediator shall use his or her best efforts to effect a settlement of the custody or visitation dispute.

          (2) Each superior court may make available a mediator.  The mediator may be a member of the professional staff of a family court or mental health services agency, or may be any other person or agency designated by the court.  In order to provide mediation services, the court shall not be required to institute a family court.

          (3) Mediation proceedings shall be held in private and shall be confidential.  The mediator shall not testify as to any aspect of the mediation proceedings.

          (4) The mediator shall assess the needs and interests of the child or children involved in the controversy and may interview the child or children when the mediator deems such interview appropriate or necessary.

          (5) Any agreement reached by the parties as a result of mediation shall be reported to the court and to counsel for the parties by the mediator on the day set for mediation or any time thereafter designated by the court.

NEW SECTION. Sec. 3.     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. 4.     This act shall take effect January 1, 1986.