SENATE BILL REPORT

SB 6179

BYSenators Kiskaddon, Talmadge, Bailey, Pullen, Stratton and Saling

Limiting further the visitation rights of parents, guardians, and custodians who have a history of child abuse.

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 REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 3, 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 provision limiting or prohibiting contact with a child by an abusive parent when physical or sexual abuse of a child has occurred.

The statutes governing non-parental actions for custody are silent regarding visitation between an abusive parent and an abused child.  These statutes are silent regarding visitation between a person who has abused a child in the past requesting visitation with a child.

SUMMARY:

The original SB 6174 amended RCW 26.10.160, the chapter dealing with Non-Parental Actions for Custody.

The bill provided that a parent, custodian or guardian would be prohibited from visitation with a child if that person had abused the child.  Visitation would resume when the parent, custodian or guardian successfully completed a treatment program and the child, the child's therapist and the abuser's therapist agree to it.

EFFECT OF PROPOSED SUBSTITUTE:

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 a parent or not, and a child.  The language is substantially the same as that amending RCW 26.09.161.

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)