SENATE BILL REPORT

SSB 6179

BYSenate Committee on Children & Family Services (originally sponsored by Senators Kiskaddon, Talmadge, Bailey, Pullen, Stratton and Saling)

Limiting further the visitation rights of parents and persons believed to be abusive.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 2, 1988; February 3, 1988

Majority Report:  That Substitute Senate Bill No. 6179 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jennifer Strus (786-7472)

                  February 5, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

The dissolution of marriage statutes deal with the processes surrounding the dissolution action including division of property, child support and parenting plans which include residential time and contact with the child.  There is no specific provision limiting or prohibiting contact with a child by an abusive parent when physical or sexual abuse of a child has occurred.

The statute governing visitation rights between a person requesting visitation and a child does not specifically limit or prohibit visitation if the person requesting it has abused a child.

The statutes governing non-parental actions for custody are silent regarding visitation between an abusive parent and an abused child.

SUMMARY:

RCW 26.09.191 is amended to prohibit contact between a parent who has physically or sexually abused a child.  The contact will resume when the parent proves that such contact will not cause physical, emotional or psychological damage to the child.  If the court does allow contact with a child, it must restrict or safeguard such contact so that the child will not be harmed.  The court has the discretion whether or not to order the parent or person requesting visitation to bear the costs incurred in complying with this section.

RCW 26.09.240 and RCW 26.10.160 are amended to prohibit visitation between abuser, whether or not a parent, and a child.  The language is substantially the same as that amending RCW 26.09.191.

The language in the amendments to all three RCW sections prohibits contact or visitation between abuser, whether or not a parent, and any child in the family, not just the abused child.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Lonnie Johns-Brown, Washington Coalition of Sexual Assault Program (for); Joyce Hopson, DSHS (for); Gail Toraason, Washington State Psychological Association (for); Colleen Rupke, Providence Hospital Sexual Assault Center (for); Dr. Elaine Samuel, Everett Clinic (for); Dr. William Backlund (against)