AN ACT Relating to domestic relations; amending RCW 26.12.010, 26.12.020, 26.12.030, 26.12.040, 26.12.050, 26.12.060, 26.12.070, 26.12.090, 26.12.100, 26.12.110, 26.12.120, 26.12.130, 26.12.160, 26.12.190, 26.12.200, 26.12.210, 26.12.220, 26.09.030, and 36.18.020; adding a new section to chapter 26.09 RCW; adding new sections to chapter 26.12 RCW; repealing RCW 26.12.080; and providing an effective date.

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

Sec. 1. Section 1, chapter 50, Laws of 1949 as amended by section 1, chapter 219, Laws of 1983 and RCW 26.12.010 are each amended to read as follows:

Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family conciliation court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family conciliation court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of child custody, visitation, or support, or the distribution of property or obligations.

Sec. 2. Section 2, chapter 50, Laws of 1949 and RCW 26.12.020 are each amended to read as follows:

In counties having more than one judge of the superior court and choosing to use the procedures under this chapter, the judges of such court shall annually, in the month of January, designate one or more of their number to hear all cases under this chapter. The judge or judges so designated shall hold as many sessions of the family conciliation court in each week as are necessary for the prompt disposition of matters before the court.

Sec. 3. Section 3, chapter 50, Laws of 1949 and RCW 26.12.030 are each amended to read as follows:

The judge of the family conciliation court may transfer any case before the family conciliation court pursuant to this chapter to the department of the presiding judge of the superior court for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the family conciliation court such transfer is necessary to expedite the business of the family conciliation court or to insure the prompt consideration of the case. When any case is so transferred, the judge to whom it is transferred shall act as the judge of the family conciliation court in the matter.

Sec. 4. Section 4, chapter 50, Laws of 1949 and RCW 26.12.040 are each amended to read as follows:

In counties having more than one judge of the superior court the presiding judge may appoint a judge other than the judge of the family conciliation court to act as judge of the family conciliation court during any period when the judge of the family conciliation court is on vacation, absent, or for any reason unable to perform his duties. Any judge so appointed shall have all the powers and authority of a judge of the family conciliation court in cases under this chapter.

Sec. 5. Section 5, chapter 50, Laws of 1949 as amended by section 1, chapter 83, Laws of 1965 ex. sess. and RCW 26.12.050 are each amended to read as follows:

In class "A" counties and counties of the first through ninth classes or in counties which have contracted for the joint provision of family conciliation court services, the superior court may appoint the following persons to assist the family conciliation court in disposing of its business: PROVIDED, That in counties of the third through ninth class, such positions may not be created without prior consent of the county commissioners:

(1) One or more competent persons to act as family conciliation court commissioners((~~, and~~));

(2) Such investigators, stenographers and clerks as the court shall find necessary to carry on the work of the family conciliation court;

(3) One supervising counselor of conciliation who may:

(a) Hold conciliation conferences with parties to, and hearings in proceedings under this chapter, and make recommendations concerning the proceedings to the judge of the family conciliation court;

(b) Provide such supervision in connection with the exercise of jurisdiction as the judge of the family conciliation court may direct;

(c) Cause reports to be made, statistics to be compiled, and records to be kept as the judge of the family conciliation court may direct;

(d) Hold hearings in all family conciliation court cases as may be required by the judge of the family conciliation court, and make investigations as may be required by the court;

(e) Make recommendations relating to marriages by persons under age;

(f) Act as domestic relations cases investigator;

(g) Conduct mediation of child custody and visitation disputes; and

(4) Associate counselors of conciliation and other office assistants as may be necessary to assist the family conciliation court in disposing of its business. The associate counselors shall carry out their duties under the supervision of the supervising counselor of conciliation and shall have the powers of the supervising counselor of conciliation. Office assistants shall work under the supervision and direction of the supervising counselor of conciliation.

The appointments provided for in this section shall be made by majority vote of the judges of the superior court of the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise authorized by law. Family conciliation court commissioners and investigators shall serve at the pleasure of the judges appointing them and shall receive such compensation as the county commissioners shall determine.

NEW SECTION. Sec. 6. A new section is added to chapter 26.12 RCW to read as follows:

(1) Any person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have the following minimum qualifications:

(a) A masters degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships;

(b) At least two years' experience in counseling or psychotherapy, or both, preferably in a setting related to the areas of responsibility of the family conciliation court and with the ethnic population to be served;

(d) Knowledge of other resources in the community to which clients can be referred for assistance;

(e) Knowledge of adult psychopathology and the psychology of families; and

(f) Knowledge of child development, clinical issues relating to children, the effects of dissolution of a marriage on children, and child custody research sufficient to enable a counselor to assess the mental health needs of children.

(2) The family conciliation court may substitute additional experience for a portion of the education, or additional education for a portion of the experience, required under subsection (1) of this section.

Sec. 7. Section 6, chapter 50, Laws of 1949 and RCW 26.12.060 are each amended to read as follows:

The family conciliation court commissioners shall: (1) Receive all applications and complaints filed in the family conciliation court for the purpose of disposing of them pursuant to this chapter; (2) investigate the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings filed in or transferred to the family conciliation court pursuant to this chapter; (3) for the purpose of this chapter, exercise all the powers and perform all the duties of regular court commissioners; (4) hold conciliation conferences with parties to and hearings in proceedings under this chapter and make written reports of all proceedings had which shall become a part of the record of the family conciliation court; (5) provide such supervision in connection with the exercise of its jurisdiction as the judge of the family conciliation court may order; (6) cause the orders and findings of the family conciliation court to be entered in the same manner as orders and findings are entered in cases in the superior court; and (7) cause such other reports to be made and records kept as will indicate the value and extent of such conciliation service.

Sec. 8. Section 7, chapter 50, Laws of 1949 and RCW 26.12.070 are each amended to read as follows:

The probation officer in every county shall give such assistance to the family conciliation court as may be requested to carry out the purposes of this chapter and to that end the probation officer shall, upon request, make investigations and reports as requested, and in cases pursuant to this chapter shall exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers.

NEW SECTION. Sec. 9. A new section is added to chapter 26.12 RCW to read as follows:

All superior court hearings or conferences in proceedings under this chapter shall be held in private and the court shall exclude all persons except the officers of the court, the parties, their counsel and witnesses. Conferences may be held with each party and that party's counsel separately and in the discretion of the judge, commissioner, or counselor conducting the conference or hearing, counsel for one party may be excluded when the adverse party is present.

The files of the family conciliation court shall be closed. The petition, supporting affidavit, conciliation agreement, and any court order made in the matter may be opened to inspection by any party or that party's counsel upon the written authority of the judge of the family conciliation court.

NEW SECTION. Sec. 10. A new section is added to chapter 26.12 RCW to read as follows:

Upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any record, paper, or document filed or kept in the office of the supervising counselor of conciliation which is more than two years old. However, records of child custody or visitation mediation may not be destroyed until the minor or minors involved are eighteen years of age. In the judge's discretion, the judge of the family conciliation court may order the microfilming of any record, paper, or document.

Sec. 11. Section 9, chapter 50, Laws of 1949 as amended by section 2, chapter 219, Laws of 1983 and RCW 26.12.090 are each amended to read as follows:

Whenever any controversy exists between parties which may result in the dissolution of the marriage, declaration of invalidity, or the disruption of the household, and there is any minor child of the parties or of either of them whose welfare might be affected thereby, the family conciliation court shall have jurisdiction over the controversy and over the parties thereto and all persons having any relation to the controversy as provided in this chapter.

Sec. 12. Section 10, chapter 50, Laws of 1949 as amended by section 3, chapter 219, Laws of 1983 and RCW 26.12.100 are each amended to read as follows:

Prior to the filing of a family law proceeding, either party may file in the family conciliation court a petition invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a reconciliation between the parties or for amicable settlement of the controversy between the parties so as to avoid further litigation over the issue involved. In any case where a family law proceeding shall have been filed, either party thereto may by petition filed therein have the cause transferred to the family conciliation court for proceedings in the same manner as though action had been instituted in the family court in the first instance.

Sec. 13. Section 11, chapter 50, Laws of 1949 and RCW 26.12.110 are each amended to read as follows:

The petition shall contain: The title of the proceeding, specifying the name of the court, which shall be in substantially the following language, "In the Superior Court of the State of Washington, for .......... County, In Family Conciliation Court;" the name of the parties to the proceeding, petitioner and respondent; a plain and concise statement of the facts of the controversy and a prayer for the relief sought.

Sec. 14. Section 12, chapter 50, Laws of 1949 as amended by section 4, chapter 219, Laws of 1983 and RCW 26.12.120 are each amended to read as follows:

The petition shall:

(1) Briefly allege that a controversy exists between the parties and request the aid of the family conciliation court to effect a reconciliation or an amicable settlement of the controversy;

(2) State the name and age of each minor child whose welfare may be affected by the controversy;

(3) State the name and address of the petitioner or petitioners;

(4) If the petition is presented by one party only, name the other party as respondent and state the address of that party;

(5) Name any other person who has any relation to the controversy and state the address of the person if known to the petitioner; ((~~and~~))

(6) If the petition arises out of an instance of domestic violence, so state generally without specific allegations as to the incident; and

(7) State such other information as the court may by rule require.

Sec. 15. Section 13, chapter 50, Laws of 1949 and RCW 26.12.130 are each amended to read as follows:

The clerk of the superior court shall provide at the expense of the county blank forms for petitions for filing pursuant to this chapter. Probation officers of the county and the attaches and employees of the family conciliation court shall assist any person in the preparation and presentation of any such petition when requested. All public officers in each county shall refer to the family conciliation court all petitions and complaints made to them with respect to controversies within the jurisdiction of the family conciliation court. The jurisdiction of the family conciliation court in respect to controversies arising out of an instance of domestic violence shall not be exclusive, but shall be coextensive with any other remedies either civil or criminal in nature that may be available.

Sec. 16. Section 16, chapter 50, Laws of 1949 and RCW 26.12.160 are each amended to read as follows:

For the purpose of conducting hearings pursuant to this chapter the family conciliation court may be convened at any time and place within the county and the hearing may be had in chambers or otherwise.

Sec. 17. Section 19, chapter 50, Laws of 1949 as amended by section 7, chapter 219, Laws of 1983 and RCW 26.12.190 are each amended to read as follows:

(1) During the period of thirty days after filing a petition for conciliation no family law proceeding shall be filed by either party and further proceedings in a family law proceeding then pending in the superior court shall be stayed and the case transferred to the family conciliation court. The family conciliation court shall have full power in all pending cases to make, alter, modify and enforce all temporary orders, orders for custody of children, possession of property, attorneys' fees, suit money or costs as may appear just and equitable.

(2) If, after the expiration of such thirty day period or the formal conclusion of the proceedings for conciliation, the controversy between the parties has not been terminated, either party may apply for further relief by filing in the clerk's office additional pleadings or by asking that the pending case be set for trial. The family conciliation court has full jurisdiction to hear, try, and determine family law proceedings under the laws relating thereto, and to retain jurisdiction of the case for further hearings on decrees or orders to be made therein.

(3) The conciliation provisions of this chapter may be used concerning support, visitation, contempt, or for modification based on changed conditions or for other problems between the parties related to the family law proceeding.

(4) Except as specifically so provided nothing in this chapter shall be construed to repeal, nullify or change the law and procedure relating to family law proceedings. The family conciliation court shall, when application for relief is made under this chapter, apply provisions governing family law proceedings in the same manner as if the action had been brought thereunder in the superior court, save that the conciliation procedures of the family court shall be applied so far as appropriate to arrive at an amicable settlement of all issues in controversy.

Sec. 18. Section 20, chapter 50, Laws of 1949 as amended by section 8, chapter 219, Laws of 1983 and RCW 26.12.200 are each amended to read as follows:

Whenever a family law proceeding is filed in the superior court and it appears to the court at any time during the pendency of the action that there is any minor child of either party whose welfare may be affected by the dissolution of the marriage, declaration of invalidity, or the disruption of the household, the case may be transferred to the family conciliation court for proceedings for reconciliation of the parties or amicable settlement of issues in controversy in accordance with the provisions of this chapter.

Sec. 19. Section 21, chapter 50, Laws of 1949 as amended by section 9, chapter 219, Laws of 1983 and RCW 26.12.210 are each amended to read as follows:

Whenever application is made to the family conciliation court, but there is no minor child whose welfare might be affected by the results of the controversy, the court shall have the same jurisdiction over the controversy and the parties thereto or having any relation thereto that it has under this chapter in similar cases involving the welfare of children. The court shall accept jurisdiction under this section only upon a finding by the court that the acceptance of the case will not seriously impede the work of the court in cases involving children.

Sec. 20. Section 1, chapter 124, Laws of 1980 and RCW 26.12.220 are each amended to read as follows:

(1) The legislative authority of any county may impose a fee in excess of that prescribed in RCW 36.18.010 for the issuance of a marriage license: PROVIDED, That such fee shall not exceed ((~~eight~~)) ten dollars.

(2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee increase authorized by this section to pay the expenses of family conciliation court under chapter 26.12 RCW. If there is no family conciliation court in the county, the legislative authority may provide such services through other county agencies or may contract with a public or private agency or person or another county to provide such services.

(3) The county legislative authority may establish rules of eligibility for conciliation services funded under this section so long as its rules do not conflict with rules of the court adopted under this chapter ((~~26.12 RCW~~)) or any other statute.

(4) Fees 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.

NEW SECTION. Sec. 21. 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 conciliation court services.

(2) Any agreement between two or more counties for the operation of a joint family conciliation 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 conciliation 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 conciliation court including the supervising counselor;

(c) That, for specified purposes, the members of the staff of the family conciliation court including the supervising counselor, but excluding the judges of the family conciliation 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 conciliation court services provided by a single county shall be equally applicable to counties which contract, under this section, to provide joint family conciliation court services.

NEW SECTION. Sec. 22. A new section is added to chapter 26.09 RCW to read as follows:

(1) Where it appears on the face of the petition or other application for an order or modification of an order for the custody or visitation of a child that either or both the issues are contested, the matter shall 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 shall make available a mediator. The mediator may be a member of the professional staff of a family conciliation court, probation department, 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 conciliation court. The mediator shall meet the minimum qualifications required of a counselor of conciliation under RCW 26.12.050.

(3) Mediation proceedings shall be held in private and shall be confidential.

(4) The mediator may exclude counsel from participation in the mediation proceedings where, in the discretion of the mediator, exclusion of counsel is appropriate or necessary. 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) The mediator may, consistent with local court rules, render a recommendation to the court as to the custody or visitation of the child. The mediator may, in cases where the parties have not reached agreement as a result of the mediation proceeding, recommend to the court that an investigation be conducted under RCW 26.09.220, or that other action be taken to assist the parties to effect a resolution of the controversy before any hearing on the issues. The mediator may, in appropriate cases, recommend that mutual restraining orders be issued, pending determination of the controversy, to protect the well-being of the child involved in the controversy. 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.

Sec. 23. Section 3, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.030 are each amended to read as follows:

When a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows:

(1) If the other party joins in the petition or does not deny that the marriage is irretrievably broken, the court shall enter a decree of dissolution.

(2) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.

(3) If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospects for reconciliation and shall:

(a) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or

(b) At the request of either party or on its own motion, transfer the cause to the family conciliation court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family conciliation court or at the adjourned hearing, the court shall:

(i) Find that the parties have agreed to reconciliation and dismiss the petition; or

(ii) Find that the parties have not been reconciled, and that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage.

(4) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity.

Sec. 24. Section 1, chapter 38, Laws of 1973 as last amended by section 29, chapter 263, Laws of 1984 and RCW 36.18.020 are each amended to read as follows:

Clerks of superior courts shall collect the following fees for their official services:

(1) The party filing the first or initial paper in any civil action, including an action for restitution, or change of name, shall pay, at the time said paper is filed, a fee of seventy dollars except in proceedings filed under RCW 26.50.030 where the petitioner shall pay a filing fee of twenty dollars. A person filing a petition for dissolution of a marriage, declaration of invalidity, or legal separation shall pay an additional fee not to exceed fifteen dollars which fee shall be used as provided under RCW 26.12.220.

(2) Any party filing the first or initial paper on an appeal from justice court or on any civil appeal, shall pay, when said paper is filed, a fee of seventy dollars.

(3) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a justice court in the county of issuance, shall pay at the time of filing, a fee of fifteen dollars.

(4) For the filing of a tax warrant by the department of revenue of the state of Washington, a fee of five dollars shall be paid.

(5) The party filing a demand for jury of six in a civil action, shall pay, at the time of filing, a fee of twenty-five dollars; if the demand is for a jury of twelve the fee shall be fifty dollars. If, after the party files a demand for a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional twenty-five dollar fee will be required of the party demanding the increased number of jurors.

(6) For filing any paper, not related to or a part of any proceeding, civil or criminal, or any probate matter, required or permitted to be filed in his office for which no other charge is provided by law, the clerk shall collect two dollars.

(7) For preparing, transcribing or certifying any instrument on file or of record in his office, with or without seal, for the first page or portion thereof, a fee of two dollars, and for each additional page or portion thereof, a fee of one dollar. For authenticating or exemplifying any instrument, a fee of one dollar for each additional seal affixed.

(8) For executing a certificate, with or without a seal, a fee of two dollars shall be charged.

(9) For each garnishee defendant named in an affidavit for garnishment and for each writ of attachment, a fee of five dollars shall be charged.

(10) For approving a bond, including justification thereon, in other than civil actions and probate proceedings, a fee of two dollars shall be charged.

(11) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of seventy dollars: PROVIDED, HOWEVER, A fee of two dollars shall be charged for filing a will only, when no probate of the will is contemplated.

(12) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, there shall be paid a fee of seventy dollars.

(13) For the issuance of each certificate of qualification and each certified copy of letters of administration, letters testamentary or letters of guardianship there shall be a fee of two dollars.

(14) For the preparation of a passport application there shall be a fee of four dollars.

(15) For searching records for which a written report is issued there shall be a fee of eight dollars per hour.

(16) Upon conviction or plea of guilty or upon failure to prosecute his appeal from a lower court as provided by law, a defendant in a criminal case shall be liable for a fee of seventy dollars.

(17) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.

(18) No fee shall be collected ((~~when a petition for relinquishment of parental rights is filed pursuant to RCW 26.36.010 or~~)) for forms and instructional brochures provided under RCW 26.50.030.

NEW SECTION. Sec. 25. Section 8, chapter 50, Laws of 1949 and RCW 26.12.080 are each repealed.

NEW SECTION. Sec. 26. 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. 27. This act shall take effect January 1, 1986.