H-2999              _______________________________________________


                                                   HOUSE BILL NO. 2247



                                                                          C 002 L 89 E2



State of Washington                               51st Legislature                      1989 Second Special Session


By Representatives Appelwick, Padden and Wineberry



Read first time 5/18/89; rules suspended; read second and third times and passed.



AN ACT Relating to a technical correction and clarification to the parenting act; amending RCW 26.09.181; and declaring an emergency.




        Sec. 1.  Section 7, chapter 460, Laws of 1987 as amended by section 8, chapter 375, Laws of 1989 and RCW 26.09.181 are each amended to read as follows:

          (1) SUBMISSION OF PROPOSED PLANS.   (a) In any proceeding under this chapter, except a modification, each party shall file and serve a proposed permanent parenting plan on or before the earliest date of:

          (i) Thirty days after filing and service by either party of a notice for trial; or

          (ii) One hundred eighty days after commencement of the action which one hundred eighty day period may be extended by stipulation of the parties.

          (b)  In proceedings for a modification of custody or a parenting plan, a proposed parenting plan shall be filed and served with the motion for modification and with the response to the motion for modification.

          (c)  No proposed permanent parenting plan shall be required after filing of an agreed permanent parenting plan, after entry of a final decree, or after dismissal of the cause of action.

          (d) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default adopting that party's parenting plan if the other party has failed to file a proposed parenting plan as required in this section.

          (2) AMENDING PROPOSED PARENTING PLANS.  Either party may file and serve an amended proposed permanent parenting plan according to the rules for amending pleadings.

          (3) GOOD FAITH PROPOSAL.  The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.

          (4) AGREED PERMANENT PARENTING PLANS.  The parents may make an agreed permanent parenting plan.

           (5) MANDATORY SETTLEMENT CONFERENCE.  Where mandatory settlement conferences are provided under court rule, the parents shall attend a mandatory settlement conference.  The mandatory settlement conference shall be presided over by a judge or a court commissioner, who shall apply the criteria in RCW 26.09.187 and 26.09.191.  The parents shall in good faith review the proposed terms of the parenting plans and any other issues relevant to the cause of action with the presiding judge or court commissioner.  Facts and legal issues that are not then in dispute shall be entered as stipulations for purposes of final hearing or trial in the matter.

           (6) TRIAL SETTING.  Trial dates for actions involving minor children brought under this chapter shall receive priority.

          (7) ENTRY OF FINAL ORDER.    The final order or decree shall be entered not sooner than ninety days after filing and service.

          (((8))) This subsection does not apply to decrees of legal separation.


          NEW SECTION.  Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                            Passed the House May 18, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                            Passed the Senate May 19, 1989.


                                                                                                                                       President of the Senate.