FINAL BILL REPORT

SSB 5108

                              C 326 L 89

BYSenate Committee on Children & Family Services (originally sponsored by Senators Saling, Bailey, Lee, Thorsness and Anderson)

Regarding visitation between an abused child and the abuser.

Senate Committee on Children & Family Services

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

The processes surrounding the dissolution of marriage are dealt with by statutes and include the division of property, child support and parenting plans.  There is no provision limiting or prohibiting contact with a child by an abusive parent when physical, sexual or emotional abuse of a child has occurred.

The statutes governing nonparental actions for custody are silent regarding visitation between an abusive parent and an abused child.  These statutes are also silent regarding visitation with a person who is not a parent and has abused the child in the past.

SUMMARY:

Visitation is limited between a parent and child if that parent has willfully abandoned or neglected the child, engaged in a pattern of emotional, physical or sexual abuse, engaged in acts of domestic violence or assault causing grievous bodily harm or the fear of such harm.  The court must restrict all visitation between a parent and child if it finds that limitations will not protect the physical or emotional welfare of the child.  The court need not limit visitation if it finds that contact between the parent and child will not cause physical or emotional harm to the child and that the probability of harm occurring is remote.  When a visitation order is modified because of physical, sexual or a pattern of emotional abuse, the court must follow the requirements of this section.

In deciding what limitations to impose on visitation with an abused child, the court must consider the sexual, as well as physical and emotional, harm or abuse that could occur.

Even though previous abuse occurred, if the court finds that such conduct by the parent did not have an impact on the child, then the court does not have to limit visitation.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 97  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

     Senate   42    0 (Senate concurred)

EFFECTIVE:July 23, 1989