HOUSE BILL REPORT

HB 1641

BYRepresentatives Leonard, Hankins, Brekke, Belcher, Scott, Brough, Fraser, Miller, Wineberry, Valle, Anderson, Cole, Prentice, P. King, Winsley, Phillips, R. Fisher, Sprenkle, Rasmussen, Rector, Todd and R. King 

Limiting child visitation in abuse situations.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 1, 1989

BACKGROUND:

Various sections of the law allow a judge to limit child visitation if the judge believes the child is in need of protection from the person seeking visitation.  The person seeking visitation can be a parent or a third party.  The courts are granted that power under permanent parenting provisions in the Parenting Act of 1987, the provisions governing nonparental actions for child custody, and under the Juvenile Court Act in Cases Relating to Dependency of a Child and the Termination of a Parent and Child Relationship. The language establishing the court's power to restrict visitation varies with each act.

SUMMARY:

SUBSTITUTE BILL:  The court's power to limit visitation is applied uniformly in the acts governing visitation, including the Parenting Act of 1987, and the provisions governing third party actions for child custody. Visitation shall be limited if the court finds that the person seeking visitation has engaged in any of the following conduct: (1)  willful abandonment for an extended period or refusal to perform parental duties, (2) physical, sexual, or emotional abuse of the child, (3) a history of domestic violence or a sexual or physical assault that causes grievous bodily harm or fear of that harm.  If the court finds that limiting visitation will not protect the child, the court can prohibit visitation entirely.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The section adding the limitations on visitation are stricken from the Juvenile Court Act Relating to Dependency.  "Serious ongoing psychological abuse" is changed to "emotional abuse."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lonnie Johns-Brown, NOW; Lee An Miller, Division of Children & Family Services, DSHS; Karen Rau, mother of victim's of sexual abuse; Bev Emery, WCSAP; Kim Prochnau, Evergreen Legal Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Although judges have discretion to limit visitation, some judges do not exercise that discretion.  The provisions specifying when the court shall limit visitation will increase protection for children.

House Committee - Testimony Against:      None Presented.