SENATE BILL REPORT

SB 5108

BYSenators 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:Alice Zaleski (786-7755)

                  March 2, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 6, 1989

BACKGROUND:

The dissolution of marriage statutes deal with division of property, child support and parenting plans which include residential time and contact with the child.  A parent who physically or sexually abused a child is not prohibited from contact with that child.

The statutes governing non-parental actions for custody are silent regarding visitation between an abusive parent and an abused child.  These statutes are silent regarding visitation between a person who has abused a child in the past requesting visitation with a child.

SUMMARY:

The nonparental actions for child custody statute and the dissolution statute are amended to limit visitation between a parent and his or her child if the parent has wilfully abandoned or neglected the child, physically, sexually or emotionally abused the child or engaged in acts of domestic violence or assault causing grievous bodily harm or the fear of such harm.  The court can 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, emotional or sexual abuse, the court must follow the requirements of this section.

EFFECT OF PROPOSED SUBSTITUTE:

The court may limit visitation between a person alleged to have abused a child and a child where the abusive person 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 assaults which cause grievous bodily harm or the fear of such harm.

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