AN ACT Relating to court orders for visitation with adults; adding a new chapter to Title 11 RCW; creating a new section; and prescribing penalties.

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

(1) "Proposed visitee" means an adult with whom visitation is sought.

(2) "Relatives" include the proposed visitee's spouse or registered domestic partner, parents, children, current or former stepchildren, and siblings.

(3) "Visitation" means any in-person meeting, or any telephonic, mail, or electronic communication between a proposed visitee and the petitioner.

(2) A petitioner may not file a petition for visitation with the same proposed visitee more than once, unless:

(a) At least one year has elapsed since the previous petition was filed; or

(b) The petitioner shows that there has been a substantial change in circumstances since the previous petition or that other good cause exists for allowing the petition.

(3) A petition for visitation under this chapter must be filed in the superior court of either the county in which the proposed visitee resides or the county in which the proposed visitee is temporarily living.

(4)(a) The petition must describe:

(i) The nature of the relationship between the petitioner and the proposed visitee;

(ii) The nature of the visitation that is being requested;

(iii) Facts supporting the petitioner's belief that the proposed visitee would or does desire visitation with the petitioner; and

(iv) Facts supporting the necessity of a visitation order in light of previous unsuccessful efforts to obtain visitation with the proposed visitee or other indications that visitation will be prevented in the future.

(b) The petition must additionally contain the following information, to the extent known by the petitioner:

(i) The condition of the proposed visitee's health;

(ii) Any deficit in the proposed visitee's mental functioning and that deficit's impact on the proposed visitee's ability to respond knowingly and intelligently to queries about the requested visitation;

(iii) The names and addresses of the proposed visitee's relatives; and

(iv) The name and address of the proposed visitee's guardian or limited guardian, if any.

(5) If, based on the petition, the court determines that there is a reasonable basis to believe that the proposed visitee would or does desire visitation, and that there is a risk that visitation between the petitioner and the proposed visitee would be prevented absent a court order, the court shall set a hearing no later than sixty days from the filing of the petition and notify the petitioner.

(1) The proposed visitee and the proposed visitee's attorney, if any, by personal service; and

(2) The proposed visitee's guardian or limited guardian, if any, and any relatives named in the petition, by mail at the addresses stated in the petition.

(2) In conducting the investigation, the guardian ad litem must complete the following steps:

(a) Conduct interviews of the following persons:

(i) The proposed visitee;

(ii) The petitioner;

(iii) The proposed visitee's relatives;

(iv) The proposed visitee's guardian or limited guardian, if any;

(v) To the extent practical, neighbors; and

(vi) If known, close friends of the proposed visitee;

(b) Inform the proposed visitee of the contents of the petition;

(c) Determine whether the proposed visitee has the capacity to consent to the requested visitation;

(d) Determine whether the proposed visitee desires the proposed visitation; and

(e) Determine whether the proposed visitee has retained an attorney to represent him or her in the proceeding under this chapter or if the proposed visitee plans to retain an attorney for that purpose.

(3) At least fifteen days before the hearing, the guardian ad litem must file a written report with the court detailing the information gathered in subsection (2) of this section and must mail a copy of the report to the following persons:

(a) The petitioner and the petitioner's attorney, if any;

(b) The proposed visitee and the proposed visitee's attorney, if any;

(c) The proposed visitee's guardian or limited guardian, if any;

(d) All relatives of the proposed visitee, unless the court determines that providing the report to any of these persons will result in harm to the proposed visitee; and

(e) Any other person identified by the court.

(4) The guardian ad litem's report is a confidential document that is disclosable only to the parties, attorneys for the parties, and persons entitled to a copy of the report under subsection (3) of this section, and is exempt from public disclosure under chapter 42.56 RCW.

(5) If a guardian ad litem has performed an investigation of the proposed visitee within the preceding twelve months, the court may order, upon good cause, that another investigation is not necessary or that a more limited investigation may be performed.

(6) The entire or partial cost of the services of the guardian ad litem must be assessed to the petitioner unless such assessment would impose a substantial hardship on the petitioner.

(a) If the court determines that the proposed visitee possesses sufficient capacity to make a knowing and intelligent visitation decision and that the proposed visitee desires visitation with the petitioner, the court must grant reasonable visitation.

(b) If the court determines that the proposed visitee does not possess sufficient capacity to make a knowing and intelligent visitation decision:

(i) The court must grant reasonable visitation if the court determines that the proposed visitee would desire visitation and visitation is in the best interest of the proposed visitee; and

(ii) The court must not enter a visitation order if the court determines that the proposed visitee would not desire visitation or that visitation is not in the best interest of the proposed visitee.

(2) In determining the proposed visitee's desire for visitation with the petitioner under subsection (1)(b) of this section, the court may consider:

(a) The history of the relationship between the proposed visitee and the petitioner;

(b) Any statements made by the proposed visitee regarding his or her desire to visit with the petitioner;

(c) Any power of attorney or advance planning document that expresses an option regarding visitation with the petitioner; and

(d) The report of the guardian ad litem.

(3) If the court grants visitation, the court may include in the order reasonable time, place, and manner requirements regarding visitation.

(a) Not less than one hundred dollars and not more than three hundred dollars, for a first violation;

(b) Not less than five hundred dollars and not more than eight hundred dollars, for a second violation; and

(c) Not less than one thousand dollars and not more than one thousand five hundred dollars, for a third or subsequent violation.

(2) The court may not waive, reduce, or suspend the minimum monetary penalty imposed under subsection (1) of this section.

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