AN ACT Relating to visitation between an abused child and the abuser; and amending RCW 13.34.130 and 26.09.240.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 4, chapter 188, Laws of 1984 and RCW 13.34.130 are each amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Except in cases of physical or sexual abuse of the child as defined in RCW 26.44.020, order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Such an order shall be made if the child is a victim of physical or sexual abuse by the parent, guardian, or custodian as defined in RCW 26.44.020. In cases not involving physical or sexual abuse of the child, such an order may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home and that:

(i) There is no parent or guardian available to care for such child;

(ii) The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;

(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;

(iv) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home; or

(v) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties.

(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody and what requirements the parents must meet in order to resume custody.

(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement unless the child is found by the court to have been the victim of physical or sexual abuse as defined in RCW 26.44.020.

(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(e) If the child has been found by the court to be the victim of physical or sexual abuse as defined in RCW 26.44.020, visitation between the child and the abusive parent, guardian, or custodian is prohibited until;

(i) The abusive individual successfully completes a treatment program ordered by the court;

(ii) The child's therapist and the abuser's therapist agree that the child is emotionally ready for visitation with the abuser; and

(iii) The court determines that visitation can occur without further emotional or physical harm to the child.

(3) The status of all children found to be dependent shall be reviewed by the court at least every six months at a hearing in which it shall be determined whether court supervision should continue.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

(b) If the child is not returned home, the court shall establish in writing:

(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion;

(ii) The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

(iii) If the child has been removed from the home due to physical or sexual abuse, the progress made by the child and the abusive parent, guardian, or custodian in treatment and therapy;

(iv) Whether the agency is satisfied with the cooperation given to it by the parents;

((~~(iv)~~)) (v) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered; and

((~~(v)~~)) (vi) When return of the child can be expected.

(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

Sec. 2. Section 24, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 18, chapter 460, Laws of 1987 and RCW 26.09.240 are each amended to read as follows:

(1) The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

(2) Any person may petition the court for visitation rights at any time.

(3) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.

(4) If the child has been found by the court to be the victim of physical or sexual abuse as defined in RCW 26.44.020, visitation between the child and the abuser is prohibited until:

(a) The abuser successfully completes a treatment program ordered or approved by the court;

(b) The child's therapist and the abuser's therapist agree that the child is emotionally ready for visitation with the abuser; and