SENATE BILL REPORT

ESB 6705

BYSenators Craswell, Rasmussen, Nelson and Johnson

Protecting children in the home.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1988; February 4, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  March 4, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

After a fact-finding hearing has been held and a child has been determined to be dependent within the meaning of RCW 13.34.030(2), the court must order one of the following dispositions:  (1) the child remain in the home and a program be provided to alleviate the immediate danger to the child, mitigate any damage the child has suffered and assist the parents; (2) the child 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.  To order the latter option, the court must find that reasonable efforts have been made to prevent the need to remove the child from the home and there is no parent or guardian available to adequately care for the child.  In addition, the court must find 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 must also exist and the court must find that the child will suffer serious abuse or neglect if the child is 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:

The intent of the Legislature in enacting this bill is clarified by including the reasons why removal of the alleged offender from the home at the earliest possible point of intervention is preferable to removal of the child involved in the alleged sexual or physical abuse.

To order a child removed from home the court must make the above findings and in addition must find that a restraining order would not protect the child from danger.

The court must issue a restraining order prohibiting a person from entering the family home if it finds that the order would eliminate the need for an out-of-home placement to protect the child's right to nurturance, health, and safety.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Craswell, prime sponsor; Thomas Minnick, Washington Coalition for Religious Liberty; Joanne Coker

HOUSE AMENDMENTS:

A police officer may arrest a person without a warrant when he has probable cause to believe that an order has been issued under RCW 26.44.063 and the person has violated it even though the violation did not occur in the officer's presence.

The court must issue a restraining order prohibiting a person from entering the family home if it finds that the order would eliminate the need for out-of-home placement of the child and would protect the child from further sexual or physical abuse or coercion.

Violation of such a restraining order is a misdemeanor and every written order must include the following language:  "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject a violator to arrest."