SENATE BILL REPORT

ESHB 1523

BYHouse Committee on Human Services (originally sponsored by Representatives Leonard, Belcher, Cole, Brekke, Lux, Anderson, Brough, P. King and Valle)

Prohibiting visitation between abusive parent and child.

House Committe on Human Services

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 23, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Garrett, McDonald, Stratton.

Senate Staff:Jennifer Strus (786-7472)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 25, 1988

BACKGROUND:

The dissolution of marriage statutes govern dissolution actions including division of property and debt, child support and parenting plans for the children including residential time and contact with the child.  The Legislature passed the Parenting Act in 1987.  The act provides that the court must limit contact between parent and child if the parent has wilfully abandoned the child, sexually, physically or emotionally abused the child or has a history of domestic violence.  The act does not state that a parent's contact with the child can be prohibited.

The statutes governing non-parental actions for custody allow a parent to have visitation with the child if the court finds that such visitation is in the child's best interest.  These statutes contain no prohibition or limitation on visitation if the child has been abused by the parent requesting visitation.

After a child is found to be dependent and is removed from the family home, the agency assigned the responsibility for the dependency must provide the court with a specific plan for treatment and care, the location of the out-of-home placement, the steps taken to reunify the family, and the actions planned to maintain the parent-child ties.  In the case of abuse, there are no prohibitions of or limitations on regular parental visitation and participation in the care of the child while the child is in placement.

SUMMARY:

The Parenting Act is amended to state that in an abuse case the court shall impose limitations on visitation which shall be tailored to meet the situation and which shall protect the child from harm by the abuser.  If the court does not think that the limitations will adequately protect the child, the court shall prohibit all contact between the parent and the child.  If the court finds that the contact will not harm the child and that the probability that the harm will recur is so remote that it would not be in the best interests of the child to apply the limitation, then the court need not limit the visitation.

This visitation limitation section is added to the statutes governing non-parental actions for custody and the dependency statutes so that all statutes pertaining to visitation are consistent.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The court shall impose limitations on visitation if the person requesting visitation has subjected the child to either serious ongoing psychological abuse, physical or sexual abuse.

The limitations on visitation imposed by the court must be such as to protect the child from the physical or serious ongoing psychological harm.

The court may modify an existing order of visitation if such modification serves the best interests of the child, but in the event the modification is sought because of physical, sexual or serious ongoing psychological abuse, the court must also consider the requirements previously stated in the section.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dr. Elaine Samuel, Everett Clinic (for); Joyce Hopson, DSHS (for)