SENATE BILL REPORT

SSB 5108

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

Senate Hearing Date(s):January 31, 1989; February 2, 1989; February 6, 1989

Majority Report:  That Substitute Senate Bill No. 5108 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  April 11, 1989

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

The dissolution of marriage statutes deal with processes surrounding the dissolution of marriage including the division of property, child support and parenting plans which include residential time and contact with the child.  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 between a person, not a parent, who has abused a child in the past requesting visitation with a child.

SUMMARY:

Visitation is limited between a parent and his or her child if that parent has wilfully abandoned or neglected the child, engaged in a pattern of emotional abuse or physically or sexually abused the child or 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 on visitation 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Cheryl-Havener Collins, concerned citizen; Karen Rau, concerned citizen; Thomas LaBelle, guardian ad litem; Lonnie Johns-Brown, Washington Association of Child Abuse Councils; B.W. Emery, WCSAP; Katherine Briar, DSHS

HOUSE AMENDMENT:

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 without the limitations.

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

The portion of the bill limiting visitation between a non-parent requesting visitation and an abused child was deleted.