H‑1646.1 _____________________________________________
HOUSE BILL 2065
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Edmonds, Carrell, Lambert, Lantz, Kessler, Rockefeller and Kenney
Read first time 02/13/2001. Referred to Committee on Judiciary.
_1 AN ACT Relating to petitions for visitation for persons related
_2 to the child or acting in a parental role; amending RCW 26.09.240
_3 and 26.10.160; adding a new section to chapter 26.10 RCW; creating
_4 a new section; and declaring an emergency.
_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_6 NEW SECTION. Sec. 1. (1) In Troxel v. Granville, No. 99-138,
_7 decided June 5, 2000, the United States supreme court recognized
_8 that the right of parents in the care and custody of their
_9 children is a fundamental liberty interest. The court also
10 acknowledged that demographic changes in the past century have
11 created complex family structures, and third-party visitation
12 statutes reflect the changing realities of the American family.
13 (2) Legislatures and courts across the country recognize that
14 families are composed of individuals who share an emotional
15 attachment and intimacy developed over time, and that such
16 emotional bonds do not necessarily require biological or marital
17 relationships. By acting in a caregiver or other significant
18 emotionally involved role over a period of time, a third party may
p. 1 HB 2065
_1 develop a substantial relationship with a child. In some cases,
_2 arbitrarily depriving the child of that relationship can cause
_3 psychological or emotional harm to the child. The legislature seeks
_4 to prevent the harm to children caused by the disruption of such
_5 significant bonds.
_6 NEW SECTION. Sec. 2. A new section is added to chapter 26.10
_7 RCW to read as follows:
_8 (1) A person who is not a parent of the child may petition the
_9 court for visitation with the child if the petitioner can
10 demonstrate that:
11 (a) There is a substantial relationship between the petitioner
12 and the child;
13 (b) The petitioner has been unreasonably denied visitation with
14 the child by a parent, custodian, or other person with primary
15 decision-making authority over the child; and
16 (c) There has been a significant change in circumstances with
17 either the child, the petitioner, or the parent, custodian, or
18 other person having primary decision-making authority over the
19 child that threatens the substantial relationship between the
20 child and the petitioner. The change in circumstances could
21 include, but is not limited to, a dissolution, legal separation,
22 informal physical separation, death of a parent, or other
23 significant change in the family structure.
24 (2)(a) If the court dismisses a petition for visitation brought
25 under this section because the petitioner failed to demonstrate
26 the requirements in subsection (1) of this section, the court must
27 order the petitioner to pay reasonable attorneys' fees and costs
28 to the party responding to the petition. Nothing in this subsection
29 precludes a court from ordering attorneys' fees and costs under
30 RCW 26.10.080.
31 (b) Petitions that are not dismissed by the court must be
32 submitted to mandatory mediation before proceeding to trial. Upon
33 petition of any party that mediation is not appropriate, the court
34 may order or the mediator may determine that the case is not
35 appropriate for mediation. Mediation shall be pursuant to mediation
36 procedures established by court rules for third-party visitation
37 cases.
HB 2065 p. 2
_1 (3)(a) Except as provided in (b) of this subsection, a petition
_2 for visitation brought under this section must be filed in the
_3 county in which the child resides.
_4 (b) If a dissolution, legal separation, modification of
_5 parenting plan, or other custody proceeding is pending involving
_6 the child, the petition for visitation under this section shall be
_7 filed in the county in which the proceeding is pending.
_8 (4) The court may order visitation between the petitioner and
_9 the child if the petitioner shows and the court finds that:
10 (a) Denial of court-ordered visitation would result in a
11 likelihood of harm to the child's physical, psychological, or
12 emotional well-being;
13 (b) The likelihood of harm is beyond the normal short-term
14 distress a child suffers due to a change in circumstances;
15 (c) Continuation of the substantial relationship between the
16 child and the petitioner would likely have long-term benefits to
17 the child; and
18 (d) Visitation would not substantially interfere with the
19 relationship between the child and the parent, custodian, or other
20 person with primary decision-making authority over the child.
21 (5) In determining the nature and extent of visitation, the
22 court must consider the wishes of a child who is sufficiently
23 mature to express reasoned and independent preferences as to
24 visitation issues.
25 (6) The restrictions of RCW 26.10.160 that apply to parents
26 shall apply to the petitioner under this section.
27 (7) For the purposes of this section:
28 (a) "Person who is not a parent of the child" means a person,
29 other than the parent, who is related to the child by blood or
30 would be related to the child by blood but for the fact the child
31 is adopted, or who is related to the parent or child by marriage
32 or would be related to the parent or child by marriage but for the
33 fact the parents are not or have never been married, or who lived
34 with the child in a parental or quasi-parental relationship; and
35 (b) "Unreasonably denied" means a denial of visitation with the
36 child for irrational or unsubstantiated reasons.
37
p. 3 HB 2065
_1 Sec. 3. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read
_2 as follows:
_3 (1) Under section 2 of this act, a person other than a parent
_4 may petition the court for visitation with a child ((at
any time))
_5 or may intervene in a pending dissolution, legal separation, or
_6 modification of parenting plan proceeding. ((A
person other than a
_7 parent may not petition for visitation under this
section unless
_8 the child's parent or parents have commenced an
action under this
_9 chapter.
10 (2) A petition for visitation with a child by a
person other
11 than a parent must be filed in the county in which
the child
12 resides.
13 (3) A petition for visitation or a motion to
intervene pursuant
14 to this section shall be dismissed unless the
petitioner or
15 intervenor can demonstrate by clear and convincing
evidence that a
16 significant relationship exists with the child with
whom
17 visitation is sought. If the petition or motion is
dismissed for
18 failure to establish the existence of a significant
relationship,
19 the petitioner or intervenor shall be ordered to pay
reasonable
20 attorney's fees and costs to the parent, parents,
other custodian,
21 or representative of the child who responds to this
petition or
22 motion.
23 (4) The court may order visitation between the
petitioner or
24 intervenor and the child between whom a significant
relationship
25 exists upon a finding supported by the evidence that
the
26 visitation is in the child's best interests.
27 (5)(a) Visitation with a grandparent shall be
presumed to be in
28 the child's best interests when a significant
relationship has
29 been shown to exist. This presumption may be
rebutted by a
30 preponderance of evidence showing that visitation
would endanger
31 the child's physical, mental, or emotional health.
32 (b) If the court finds that reasonable visitation
by a
33 grandparent would be in the child's best interest
except for
34 hostilities that exist between the grandparent and
one or both of
35 the parents or person with whom the child lives, the
court may set
36 the matter for mediation under RCW 26.09.015.
37 (6) The court may consider the following factors
when making a
38 determination of the child's best interests:
HB 2065 p. 4
_1 (a) The strength of the relationship between the
child and the
_2 petitioner;
_3 (b) The relationship between each of the child's
parents or the
_4 person with whom the child is residing and the
petitioner;
_5 (c) The nature and reason for either parent's
objection to
_6 granting the petitioner visitation;
_7 (d) The effect that granting visitation will have
on the
_8 relationship between the child and the child's
parents or the
_9 person with whom the child is residing;
10 (e) The residential time sharing arrangements
between the
11 parents;
12 (f) The good faith of the petitioner;
13 (g) Any criminal history or history of physical,
emotional, or
14 sexual abuse or neglect by the petitioner; and
15 (h) Any other factor relevant to the child's best
interest.
16 (7) The restrictions of RCW 26.09.191 that apply
to parents
17 shall be applied to a petitioner or intervenor who is
not a
18 parent. The nature and extent of visitation, subject
to these
19 restrictions, is in the discretion of the court.
20 (8) The court may order an investigation and
report concerning
21 the proposed visitation or may appoint a guardian ad
litem as
22 provided in RCW 26.09.220.
23 (9) Visitation granted pursuant to this section
shall be
24 incorporated into the parenting plan for the child.
25 (10) The court may modify or terminate visitation
rights
26 granted pursuant to this section in any subsequent
modification
27 action upon a showing that the visitation is no
longer in the best
28 interest of the child.))
29 Sec. 4. RCW 26.10.160 and 1996 c 303 s 2 are each amended to read
30 as follows:
31 (1) A parent not granted custody of the child is entitled to
32 reasonable visitation rights except as provided in subsection (2)
33 of this section.
34 (2)(a) Visitation with the child shall be limited if it is
35 found that the parent seeking visitation has engaged in any of the
36 following conduct: (i) Willful abandonment that continues for an
37 extended period of time or substantial refusal to perform
p. 5 HB 2065
_1 parenting functions; (ii) physical, sexual, or a pattern of
_2 emotional abuse of a child; (iii) a history of acts of domestic
_3 violence as defined in RCW 26.50.010(1) or an assault or sexual
_4 assault which causes grievous bodily harm or the fear of such
_5 harm; or (iv) the parent has been convicted as an adult of a sex
_6 offense under:
_7 (A) RCW 9A.44.076 if, because of the difference in age between
_8 the offender and the victim, no rebuttable presumption exists
_9 under (d) of this subsection;
10 (B) RCW 9A.44.079 if, because of the difference in age between
11 the offender and the victim, no rebuttable presumption exists
12 under (d) of this subsection;
13 (C) RCW 9A.44.086 if, because of the difference in age between
14 the offender and the victim, no rebuttable presumption exists
15 under (d) of this subsection;
16 (D) RCW 9A.44.089;
17 (E) RCW 9A.44.093;
18 (F) RCW 9A.44.096;
19 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in
20 age between the offender and the victim, no rebuttable presumption
21 exists under (d) of this subsection;
22 (H) Chapter 9.68A RCW;
23 (I) Any predecessor or antecedent statute for the offenses
24 listed in (a)(iv)(A) through (H) of this subsection;
25 (J) Any statute from any other jurisdiction that describes an
26 offense analogous to the offenses listed in (a)(iv)(A) through (H)
27 of this subsection.
28 This subsection (2)(a) shall not apply when (c) or (d) of this
29 subsection applies.
30 (b) The parent's visitation with the child shall be limited if
31 it is found that the parent resides with a person who has engaged
32 in any of the following conduct: (i) Physical, sexual, or a pattern
33 of emotional abuse of a child; (ii) a history of acts of domestic
34 violence as defined in RCW 26.50.010(1) or an assault or sexual
35 assault that causes grievous bodily harm or the fear of such harm;
36 or (iii) the person has been convicted as an adult or as a
37 juvenile has been adjudicated of a sex offense under:
HB 2065 p. 6
_1 (A) RCW 9A.44.076 if, because of the difference in age between
_2 the offender and the victim, no rebuttable presumption exists
_3 under (e) of this subsection;
_4 (B) RCW 9A.44.079 if, because of the difference in age between
_5 the offender and the victim, no rebuttable presumption exists
_6 under (e) of this subsection;
_7 (C) RCW 9A.44.086 if, because of the difference in age between
_8 the offender and the victim, no rebuttable presumption exists
_9 under (e) of this subsection;
10 (D) RCW 9A.44.089;
11 (E) RCW 9A.44.093;
12 (F) RCW 9A.44.096;
13 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in
14 age between the offender and the victim, no rebuttable presumption
15 exists under (e) of this subsection;
16 (H) Chapter 9.68A RCW;
17 (I) Any predecessor or antecedent statute for the offenses
18 listed in (b)(iii)(A) through (H) of this subsection;
19 (J) Any statute from any other jurisdiction that describes an
20 offense analogous to the offenses listed in (b)(iii)(A) through
21 (H) of this subsection.
22 This subsection (2)(b) shall not apply when (c) or (e) of this
23 subsection applies.
24 (c) If a parent has been found to be a sexual predator under
25 chapter 71.09 RCW or under an analogous statute of any other
26 jurisdiction, the court shall restrain the parent from contact
27 with a child that would otherwise be allowed under this chapter.
28 If a parent resides with an adult or a juvenile who has been found
29 to be a sexual predator under chapter 71.09 RCW or under an
30 analogous statute of any other jurisdiction, the court shall
31 restrain the parent from contact with the parent's child except
32 contact that occurs outside that person's presence.
33 (d) There is a rebuttable presumption that a parent who has
34 been convicted as an adult of a sex offense listed in (d)(i)
35 through (ix) of this subsection poses a present danger to a
36 child. Unless the parent rebuts this presumption, the court shall
37 restrain the parent from contact with a child that would otherwise
38 be allowed under this chapter:
p. 7 HB 2065
_1 (i) RCW 9A.64.020 (1) or (2), provided that the person
_2 convicted was at least five years older than the other person;
_3 (ii) RCW 9A.44.073;
_4 (iii) RCW 9A.44.076, provided that the person convicted was at
_5 least eight years older than the victim;
_6 (iv) RCW 9A.44.079, provided that the person convicted was at
_7 least eight years older than the victim;
_8 (v) RCW 9A.44.083;
_9 (vi) RCW 9A.44.086, provided that the person convicted was at
10 least eight years older than the victim;
11 (vii) RCW 9A.44.100;
12 (viii) Any predecessor or antecedent statute for the offenses
13 listed in (d)(i) through (vii) of this subsection;
14 (ix) Any statute from any other jurisdiction that describes an
15 offense analogous to the offenses listed in (d)(i) through (vii)
16 of this subsection.
17 (e) There is a rebuttable presumption that a parent who resides
18 with a person who, as an adult, has been convicted, or as a
19 juvenile has been adjudicated, of the sex offenses listed in
20 (e)(i) through (ix) of this subsection places a child at risk of
21 abuse or harm when that parent exercises visitation in the
22 presence of the convicted or adjudicated person. Unless the parent
23 rebuts the presumption, the court shall restrain the parent from
24 contact with the parent's child except for contact that occurs
25 outside of the convicted or adjudicated person's presence:
26 (i) RCW 9A.64.020 (1) or (2), provided that the person
27 convicted was at least five years older than the other person;
28 (ii) RCW 9A.44.073;
29 (iii) RCW 9A.44.076, provided that the person convicted was at
30 least eight years older than the victim;
31 (iv) RCW 9A.44.079, provided that the person convicted was at
32 least eight years older than the victim;
33 (v) RCW 9A.44.083;
34 (vi) RCW 9A.44.086, provided that the person convicted was at
35 least eight years older than the victim;
36 (vii) RCW 9A.44.100;
37 (viii) Any predecessor or antecedent statute for the offenses
38 listed in (e)(i) through (vii) of this subsection;
HB 2065 p. 8
_1 (ix) Any statute from any other jurisdiction that describes an
_2 offense analogous to the offenses listed in (e)(i) through (vii)
_3 of this subsection.
_4 (f) The presumption established in (d) of this subsection may
_5 be rebutted only after a written finding that:
_6 (i) If the child was not the victim of the sex offense
_7 committed by the parent requesting visitation, (A) contact between
_8 the child and the offending parent is appropriate and poses
_9 minimal risk to the child, and (B) the offending parent has
10 successfully engaged in treatment for sex offenders or is engaged
11 in and making progress in such treatment, if any was ordered by a
12 court, and the treatment provider believes such contact is
13 appropriate and poses minimal risk to the child; or
14 (ii) If the child was the victim of the sex offense committed
15 by the parent requesting visitation, (A) contact between the child
16 and the offending parent is appropriate and poses minimal risk to
17 the child, (B) if the child is in or has been in therapy for
18 victims of sexual abuse, the child's counselor believes such
19 contact between the child and the offending parent is in the
20 child's best interest, and (C) the offending parent has
21 successfully engaged in treatment for sex offenders or is engaged
22 in and making progress in such treatment, if any was ordered by a
23 court, and the treatment provider believes such contact is
24 appropriate and poses minimal risk to the child.
25 (g) The presumption established in (e) of this subsection may
26 be rebutted only after a written finding that:
27 (i) If the child was not the victim of the sex offense
28 committed by the person who is residing with the parent requesting
29 visitation, (A) contact between the child and the parent residing
30 with the convicted or adjudicated person is appropriate and that
31 parent is able to protect the child in the presence of the
32 convicted or adjudicated person, and (B) the convicted or
33 adjudicated person has successfully engaged in treatment for sex
34 offenders or is engaged in and making progress in such treatment,
35 if any was ordered by a court, and the treatment provider believes
36 such contact is appropriate and poses minimal risk to the child;
37 or
38 (ii) If the child was the victim of the sex offense committed
p. 9 HB 2065
_1 by the person who is residing with the parent requesting
_2 visitation, (A) contact between the child and the parent in the
_3 presence of the convicted or adjudicated person is appropriate and
_4 poses minimal risk to the child, (B) if the child is in or has
_5 been in therapy for victims of sexual abuse, the child's counselor
_6 believes such contact between the child and the parent residing
_7 with the convicted or adjudicated person in the presence of the
_8 convicted or adjudicated person is in the child's best interest,
_9 and (C) the convicted or adjudicated person has successfully
10 engaged in treatment for sex offenders or is engaged in and making
11 progress in such treatment, if any was ordered by a court, and the
12 treatment provider believes contact between the parent and child
13 in the presence of the convicted or adjudicated person is
14 appropriate and poses minimal risk to the child.
15 (h) If the court finds that the parent has met the burden of
16 rebutting the presumption under (f) of this subsection, the court
17 may allow a parent who has been convicted as an adult of a sex
18 offense listed in (d)(i) through (ix) of this subsection to have
19 visitation with the child supervised by a neutral and independent
20 adult and pursuant to an adequate plan for supervision of such
21 visitation. The court shall not approve of a supervisor for contact
22 between the child and the parent unless the court finds, based on
23 the evidence, that the supervisor is willing and capable of
24 protecting the child from harm. The court shall revoke court
25 approval of the supervisor upon finding, based on the evidence,
26 that the supervisor has failed to protect the child or is no
27 longer willing or capable of protecting the child.
28 (i) If the court finds that the parent has met the burden of
29 rebutting the presumption under (g) of this subsection, the court
30 may allow a parent residing with a person who has been adjudicated
31 as a juvenile of a sex offense listed in (e)(i) through (ix) of
32 this subsection to have visitation with the child in the presence
33 of the person adjudicated as a juvenile, supervised by a neutral
34 and independent adult and pursuant to an adequate plan for
35 supervision of such visitation. The court shall not approve of a
36 supervisor for contact between the child and the parent unless the
37 court finds, based on the evidence, that the supervisor is willing
38 and capable of protecting the child from harm. The court shall
HB 2065 p. 10
_1 revoke court approval of the supervisor upon finding, based on the
_2 evidence, that the supervisor has failed to protect the child or
_3 is no longer willing or capable of protecting the child.
_4 (j) If the court finds that the parent has met the burden of
_5 rebutting the presumption under (g) of this subsection, the court
_6 may allow a parent residing with a person who, as an adult, has
_7 been convicted of a sex offense listed in (e)(i) through (ix) of
_8 this subsection to have visitation with the child in the presence
_9 of the convicted person supervised by a neutral and independent
10 adult and pursuant to an adequate plan for supervision of such
11 visitation. The court shall not approve of a supervisor for contact
12 between the child and the parent unless the court finds, based on
13 the evidence, that the supervisor is willing and capable of
14 protecting the child from harm. The court shall revoke court
15 approval of the supervisor upon finding, based on the evidence,
16 that the supervisor has failed to protect the child or is no
17 longer willing or capable of protecting the child.
18 (k) A court shall not order unsupervised contact between the
19 offending parent and a child of the offending parent who was
20 sexually abused by that parent. A court may order unsupervised
21 contact between the offending parent and a child who was not
22 sexually abused by the parent after the presumption under (d) of
23 this subsection has been rebutted and supervised visitation has
24 occurred for at least two years with no further arrests or
25 convictions of sex offenses involving children under chapter 9A.44
26 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense
27 of the offending parent was not committed against a child of the
28 offending parent, and (ii) the court finds that unsupervised
29 contact between the child and the offending parent is appropriate
30 and poses minimal risk to the child, after consideration of the
31 testimony of a state-certified therapist, mental health counselor,
32 or social worker with expertise in treating child sexual abuse
33 victims who has supervised at least one period of visitation
34 between the parent and the child, and after consideration of
35 evidence of the offending parent's compliance with community
36 supervision requirements, if any. If the offending parent was not
37 ordered by a court to participate in treatment for sex offenders,
38 then the parent shall obtain a psychosexual evaluation conducted
p. 11 HB 2065
_1 by a state-certified sex offender treatment provider indicating
_2 that the offender has the lowest likelihood of risk to reoffend
_3 before the court grants unsupervised contact between the parent
_4 and a child.
_5 (l) A court may order unsupervised contact between the parent
_6 and a child which may occur in the presence of a juvenile
_7 adjudicated of a sex offense listed in (e)(i) through (ix) of this
_8 subsection who resides with the parent after the presumption under
_9 (e) of this subsection has been rebutted and supervised visitation
10 has occurred for at least two years during which time the
11 adjudicated juvenile has had no further arrests, adjudications, or
12 convictions of sex offenses involving children under chapter 9A.44
13 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds
14 that unsupervised contact between the child and the parent that
15 may occur in the presence of the adjudicated juvenile is
16 appropriate and poses minimal risk to the child, after
17 consideration of the testimony of a state-certified therapist,
18 mental health counselor, or social worker with expertise in
19 treatment of child sexual abuse victims who has supervised at
20 least one period of visitation between the parent and the child in
21 the presence of the adjudicated juvenile, and after consideration
22 of evidence of the adjudicated juvenile's compliance with
23 community supervision or parole requirements, if any. If the
24 adjudicated juvenile was not ordered by a court to participate in
25 treatment for sex offenders, then the adjudicated juvenile shall
26 obtain a psychosexual evaluation conducted by a state-certified
27 sex offender treatment provider indicating that the adjudicated
28 juvenile has the lowest likelihood of risk to reoffend before the
29 court grants unsupervised contact between the parent and a child
30 which may occur in the presence of the adjudicated juvenile who is
31 residing with the parent.
32 (m)(i) The limitations imposed by the court under (a) or (b) of
33 this subsection shall be reasonably calculated to protect the
34 child from the physical, sexual, or emotional abuse or harm that
35 could result if the child has contact with the parent requesting
36 visitation. If the court expressly finds based on the evidence that
37 limitations on visitation with the child will not adequately
38 protect the child from the harm or abuse that could result if the
HB 2065 p. 12
_1 child has contact with the parent requesting visitation, the court
_2 shall restrain the person seeking visitation from all contact with
_3 the child.
_4 (ii) The court shall not enter an order under (a) of this
_5 subsection allowing a parent to have contact with a child if the
_6 parent has been found by clear and convincing evidence in a civil
_7 action or by a preponderance of the evidence in a dependency
_8 action to have sexually abused the child, except upon
_9 recommendation by an evaluator or therapist for the child that the
10 child is ready for contact with the parent and will not be harmed
11 by the contact. The court shall not enter an order allowing a
12 parent to have contact with the child in the offender's presence
13 if the parent resides with a person who has been found by clear
14 and convincing evidence in a civil action or by a preponderance of
15 the evidence in a dependency action to have sexually abused a
16 child, unless the court finds that the parent accepts that the
17 person engaged in the harmful conduct and the parent is willing to
18 and capable of protecting the child from harm from the person.
19 (iii) If the court limits visitation under (a) or (b) of this
20 subsection to require supervised contact between the child and the
21 parent, the court shall not approve of a supervisor for contact
22 between a child and a parent who has engaged in physical, sexual,
23 or a pattern of emotional abuse of the child unless the court
24 finds based upon the evidence that the supervisor accepts that the
25 harmful conduct occurred and is willing to and capable of
26 protecting the child from harm. The court shall revoke court
27 approval of the supervisor upon finding, based on the evidence,
28 that the supervisor has failed to protect the child or is no
29 longer willing to or capable of protecting the child.
30 (n) If the court expressly finds based on the evidence that
31 contact between the parent and the child will not cause physical,
32 sexual, or emotional abuse or harm to the child and that the
33 probability that the parent's or other person's harmful or abusive
34 conduct will recur is so remote that it would not be in the
35 child's best interests to apply the limitations of (a), (b), and
36 (m)(i) and (iii) of this subsection, or if the court expressly
37 finds that the parent's conduct did not have an impact on the
38 child, then the court need not apply the limitations of (a), (b),
p. 13 HB 2065
_1 and (m)(i) and (iii) of this subsection. The weight given to the
_2 existence of a protection order issued under chapter 26.50 RCW as
_3 to domestic violence is within the discretion of the court. This
_4 subsection shall not apply when (c), (d), (e), (f), (g), (h), (i),
_5 (j), (k), (l), and (m)(ii) of this subsection apply.
_6 (3) ((Any person may petition the court for
visitation rights
_7 at any time including, but not limited to, custody
proceedings.
_8 The court may order visitation rights for any person
when
_9 visitation may serve the best interest of the child
whether or not
10 there has been any change of circumstances.
11 (4))) The court may modify an order granting
or denying
12 visitation rights whenever modification would serve the best
13 interests of the child. Modification of a parent's visitation
14 rights shall be subject to the requirements of subsection (2) of
15 this section.
16 (((5))) (4) For the purposes of this
section, a parent's child
17 means that parent's natural child, adopted child, or stepchild.
18 NEW SECTION. Sec. 5. This act is necessary for the immediate
19 preservation of the public peace, health, or safety, or support of
20 the state government and its existing public institutions, and
21 takes effect immediately.
‑‑‑ END ‑‑‑
HB 2065 p. 14