HOUSE BILL REPORT

HB 1523

BYRepresentatives Leonard, Belcher, Cole, Brekke, Lux, Anderson, Brough, P. King and Valle

Prohibiting visitation between abusive parent and child.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:Jean Wessman (786-7132)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 4, 1988

BACKGROUND:

The dependency statutes currently provide for a fact-finding hearing to determine whether adequate grounds exist to declare a child a dependent of the court.  Once the decision of dependency is made, the court then decides the appropriate disposition regarding ongoing treatment and care.  Currently that choice is either removing the child from the home or leaving the child in the home provided that a program to alleviate the risk of harm is in place.  There are no specifics as to which type of abuse should result in one choice or the other.

When a child is removed from the home, the agency assigned the dependency must provide the court with a specific plan for treatment and care, the location of the placement, the steps taken to reunify the family, and actions to maintain the parent-child ties.  Currently there are no exclusions from or conditions required to be met, listed in the mandate to encourage regular visitation and participation in the care of the child while the child is in placement.

The out-of-home placement of a child must be reviewed every six months by the court.  At this time information is gathered to determine the need for continued placement. A specific request to determine the progress of a child or parent, guardian or custodian, in treatment or therapy for physical or sexual abuse is not included in the information gathering process.

The dissolution of marriage statutes deal with the processes surrounding the dissolution action, separation of property, child support and parenting plans for the children including custody and visitation rights.  Currently there is no provision for requiring conditions to be met prior to visitation when physical or sexual abuse of the child has occurred.

SUMMARY:

SUBSTITUTE BILL: The provisions governing visitation rights within the dissolution of marriage and nonparental actions for child custody statutes are amended to provide for prohibiting visitation when the court finds by a preponderance of the evidence that the parent or person requesting visitation rights has physically or sexually abused, or sexually exploited the child.  The prohibition shall last until the parent or person requesting visitation proves by a preponderance of the evidence that visitation will not harm the child.  If visitation is allowed, the court may order such restrictions as they see fit. Any cost occurring from these proceedings may be assigned to the abusive parent or person.

The provisions within the dependency proceedings statute which encourage visitation when a child has been placed out of the home are amended to include the same language prohibiting visitation, setting the standard of evidence to lift that prohibition and allowing for restrictions when visitation is allowed.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The current statute on restrictions in parenting plans is revised to mandate that when a court finds by a preponderance of the evidence that the parent requesting visitation has subjected the child to abuse, visitation shall be prohibited until that parent proves that harm to the child shall not occur if visitation is allowed. If visitation is allowed than the court may set restrictions on such visitation.  The visitation rights of any person and of any noncustodial parent are amended to include the same standard.  The encouragement of visitation within the dependency statute where a child has been placed is amended to include the same standard.

Fiscal Note:      Requested January 8, 1988.

House Committee ‑ Testified For:    Lonnie Johns-Brown, National Organization for Women; and Dr. Elaine Samuels, Citizen.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Currently visitation procedures are not oriented toward protecting the child who has been abused especially sexually. Visitation is still encouraged and even when supervised, the third party has been a person of the alleged abuser's choice. The court must be given an ability to prohibit or restrict visitation rights when there is any risk of harm to the child. Continued visitation with a person who has sexually abused a child will have long-term detrimental effects.  Before this time, the custodial parent had to go through the entire dependency process and even lose custody of their child without ensuring the protection of the child.

House Committee - Testimony Against:      None Presented.