SENATE BILL REPORT

                            SB 6287

  AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 3, 1994

Brief Description:  Allowing bad faith, false allegations of physical or sexual abuse to be considered in making a parenting plan.

SPONSORS: Senators A. Smith, Roach and Quigley

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Ludwig, Vice Chairman; Hargrove, Nelson, Quigley, Roach and Schow.

Staff:  Susan Carlson (786‑7418)

Hearing Dates: January 25, 1994; February 3, 1994

BACKGROUND:

When establishing a parenting plan, the court may preclude or limit any provisions of the parenting plan if any of certain listed factors exist.  These factors include neglect of parenting functions, impairment from drug or alcohol abuse and emotional or physical impairment which interferes with parenting.

It has been suggested that a court should also be able to limit the parenting plan if one parent, in bad faith, makes false allegations of physical or sexual abuse of the child by the other parent.

SUMMARY:

The court may preclude or limit any provisions of the parenting plan if a parent, in bad faith, has made false allegations of physical or sexual abuse of the child by the other parent.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The bill provides a modest consequence for making knowingly false allegations of abuse of a child.

TESTIMONY AGAINST:

The bill may discourage some people from reporting child abuse.

TESTIFIED: CON:  Lonnie Johns-Brown, NOW; Nancy Hawkins, NW Women's Law Center; Donna Deleno, WA Coalition of Sexual Assault Programs; Bob Price, attorney