AN ACT Relating to visitation; amending RCW 26.10.160, 26.09.191, and 26.09.240; and reenacting and amending RCW 13.34.130.

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

Sec. 1. Section 44, chapter 460, Laws of 1987 and RCW 26.10.160 are each amended to read as follows:

(1) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical, mental, or emotional health. The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

(2)(a) Visitation with the child shall be limited if it is found that the person seeking visitation has engaged in any of the following conduct: (i) Willful abandonment by the parent that continues for an extended period of time or substantial refusal by the parent to perform parenting functions; (ii) physical, sexual, or serious ongoing psychological abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.

(b) The limitations imposed by the court shall be reasonably calculated to protect the child from the physical or serious ongoing psychological harm that could result if the child has contact with the person requesting visitation. If the court expressly finds limitation on visitation with the child will not adequately protect the child from the perceived harm, the court shall restrain the person seeking visitation from all contact with the child.

(c) If the court expressly finds that contact between the person seeking visitation and the child will not cause serious ongoing psychological or physical harm to the child and that the probability that the harmful conduct of the person seeking visitation will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) and (b) of this subsection, the court need not apply the limitations of this subsection. 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) Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.

(4) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child ((~~but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical, mental, or emotional health~~)) but if the modification is sought due to physical, serious ongoing psychological, or sexual abuse of a child, then the court shall also follow the requirements of this section.

Sec. 2. 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) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (b) physical, sexual, or ((~~emotional~~)) serious ongoing psychological 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~~)) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.

(2)(a) The parent's residential time or other contact with the child shall be limited if it is found that the parent has engaged in any of the following conduct: ((~~(a)~~)) (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; ((~~(b)~~)) (ii) physical, sexual, or ((~~emotional~~)) serious ongoing psychological abuse of a child; or ((~~(c)~~)) (iii) 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~~)) assault or sexual assault which causes grievous bodily harm or the fear of such harm.

(b) The limitations imposed by the court shall be reasonably calculated to protect the child from the physical or serious ongoing psychological harm that could result if the child has contact with the parent. If the court expressly finds limitation on the residential time or other contact with the child will not adequately protect the child from the perceived harm, the court shall restrain the parent from all contact with the child.

(c) If the court expressly finds that contact between the parent and the child will not cause serious ongoing psychological or physical harm to the child and that the probability that the harmful conduct of the parent will recur is so remote that it would not be in the child's best interests to apply the limitations ((~~or unless it is shown not to have had an impact on the child~~)) of (a) and (b) of this subsection, the court need not apply the limitations of this section. 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) In entering a permanent parenting plan, the court shall not draw any presumptions from the provisions of the temporary parenting plan.

Sec. 3. Section 24, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 18, chapter 460, Laws of 1987 and RCW 26.09.240 are each amended to read as follows:

(1) The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

(b) The limitations imposed by the court shall be reasonably calculated to protect the child from the physical or serious ongoing psychological harm that could result if the child has contact with the person requesting the visitation. If the court expressly finds limitation on visitation with the child will not adequately protect the child from the perceived harm, the court shall restrain the person seeking visitation from all contact with the child.

(c) If the court expressly finds that contact between the person seeking visitation and the child will not cause serious ongoing psychological or physical harm to the child and that the probability that the harmful conduct of the person seeking visitation will recur is so remote that it would not be in the child's best interest to apply the limitations of (a) and (b) of this subsection, the court need not apply the limitations of this subsection. 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) Any person may petition the court for visitation rights at any time.

(4) The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but if the modification is sought due to physical, serious ongoing psychological, or sexual abuse of a child, then the court shall also follow the requirements of this section.

Sec. 4. Section 4, chapter 188, Laws of 1984 as amended by section 2, chapter 189, Laws of 1988, section 2, chapter 190, Laws of 1988 and by section 1, chapter 194, Laws of 1988 and RCW 13.34.130 are each reenacted and amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home and that:

(i) There is no parent or guardian available to care for such child;

(ii) The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;

(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;

(iv) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

(v) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement subject to the limitations of subsection (3) of this section.

(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(3)(a) Visitation with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (i) Willful abandonment by the parent that continues for an extended period of time or substantial refusal by the parent to perform parenting functions; (ii) physical, sexual, or serious ongoing psychological abuse of a child; or (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm.

(b) The limitations imposed by the court shall be reasonably calculated to protect the child from the physical or serious ongoing psychological harm that could result if the child has contact with the parent. If the court expressly finds limitation on visitation with the child will not adequately protect the child from the perceived harm, the court shall restrain the parent from all contact with the child.

(c) If the court expressly finds that contact between the parent and the child will not cause serious ongoing psychological or physical harm to the child and that the probability that the harmful conduct of the parent will recur is so remote that it would not be in the child's best interests to apply the limitations of (a) and (b) of this subsection, the court need not apply the limitations of this subsection. 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.

(4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

((~~(4)~~)) (5) The status of all children found to be dependent shall be reviewed by the court at least every six months at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

(b) If the child is not returned home, the court shall establish in writing:

(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion;

(ii) The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

(iii) Whether the agency is satisfied with the cooperation given to it by the parents;

(iv) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered; and

(v) When return of the child can be expected.

(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.