H-3551              _______________________________________________

                                                   HOUSE BILL NO. 1547

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Leonard, Miller, Scott, Brekke, Todd, Anderson, Lux and Unsoeld

Read first time 1/20/88 and referred to Committee on Human Services.

AN ACT Relating to restrictions in parenting plans; and amending RCW 26.09.191.

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

        Sec. 1.  Section 10, chapter 460, Laws of 1987 and RCW 26.09.191 are each amended to read as follows:

          (1) The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action if it is found that a parent has engaged in any of the following conduct:  (a) Wilful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or emotional abuse of a child; or (c) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an act of domestic violence which rises to the level of a felony.

          (2) The parent's residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct:  (a) Wilful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; or (b) ((physical, sexual, or emotional abuse of a child; or (c))) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an act of domestic violence which rises to the level of a felony, unless the court expressly finds that the probability that the conduct will recur is so remote that it would not be in the child's best interests to apply the limitation or unless it is shown not to have had an impact on the child.  The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court.

          (3) A parent's involvement or conduct may have an adverse effect on the child's best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist:

          (a) A parent's neglect or substantial nonperformance of parenting functions;

          (b) A long-term emotional or physical impairment which interferes with the parent's performance of parenting functions as defined in RCW 26.09.004;

          (c) A long-term impairment resulting from drug, alcohol, or other substance abuse that interferes with the performance of parenting functions;

          (d) The absence or substantial impairment of emotional ties between the parent and the child;

          (e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development;

          (f) A parent has withheld from the other parent access to the child for a protracted period without good cause; or

          (g) Such other factors or conduct as the court expressly finds adverse to the best interests of the child.

          (4) A parent shall not be permitted to have any residential time including visitation with the child if it is found that the parent has engaged in the physical, sexual, or emotional abuse of a child.  Residential time or visitation may be resumed only if the court finds that the parent has successfully completed a treatment program, that contact would be in the best interests of the child, and that the child's safety would not be jeopardized.  The court shall consider evidence presented by the child, the child's therapist, the abuser's therapist, and any advocate for the child about whether contact would be in the best interests of the child.

(5) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.