AN ACT Relating to visitation between an abused child and the abuser; and amending RCW 26.10.160, 26.09.191, and 26.09.240.

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 emotional 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 emotional harm that could result if the child has contact with the person requesting visitation. If the court expressly finds limitations on visitation with the child will not adequately protect the child from the harm that could result if the child has contact with the person requesting visitation, 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 emotional 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, emotional, 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 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 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~~)) 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 emotional 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 harm that could result if the child has contact with the person requesting visitation, 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 emotional 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 emotional 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 harm that could result if the child has contact with the person requesting visitation, 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 emotional 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, emotional, or sexual abuse of a child, then the court shall also follow the requirements of this section.