HOUSE BILL REPORT

ESB 6705

As Amended by the House

BYSenators Craswell, Rasmussen, Nelson and Johnson

Protecting children in the home.

House Committe on Human Services

Majority Report:  Do pass with amendments.  (8)

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

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE MARCH 2, 1988

BACKGROUND:

Within the dependency statutes, procedures are established by which a child can be determined to be dependent by the court. When the child must be removed from the home and placed in the custody of a relative, the Department of Social and Health Services or a licensed child placing agency, the court must make a finding that reasonable efforts have been made to prevent the need to remove the child from the home, that there is no parent or guardian available to adequately care for the child, that the child is unwilling to reside in the custody of the child's parent, guardian or legal custodian, and that the parent, guardian or legal custodian is not willing to take custody of the child.  A manifest danger to the child must also exist and the court must find that the child will suffer serious abuse or neglect if not removed from the home.

The court may issue a temporary restraining order prohibiting the person accused of committing sexual or physical abuse from disturbing the peace of the alleged victim, entering the family home of the alleged victim except as specifically permitted by the court or having any contact with the victim except as specifically permitted by the court.

SUMMARY:

It is the intent of the legislature that the alleged offender rather than the child be removed from the home at the earliest point of intervention.  A temporary restraining order may prohibit the alleged offender from entering the family home if this would prevent an out-of-home placement for the child and is sufficient to protect the child.

Willful violation of a temporary restraining order placed upon an alleged abuser shall be considered a misdemeanor.

A police officer may arrest an alleged abuser without a warrant when he or she has probable cause to believe a crime has been committed or court order violated.

The chapter on warrants and arrests within the criminal procedure title is amended to include arrest without a warrant in cases where probable causes exists that a crime of abuse has been committed or a court order restraining an alleged abuser has been violated.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Senator Ellen Craswell, Prime Sponsor; and Thomas Minnick, Washington State Coalition for Religious Liberty.

House Committee - Testified Against:      Karen Tvedt, Department of Social and Health Services.

House Committee - Testimony For:    Less trauma will result if the offender is removed from the home rather than the child.  Out-of-home placement causes a good deal of stress to the child and should be avoided.  Police should have the ability to arrest persons who violate restraining orders without a warrant.

House Committee - Testimony Against:      This bill is not necessary.  Temporary restraining orders do not always protect the child since the parent may not always be strong enough to enforce them.