HOUSE BILL REPORT

SSB 5108

As Amended by the House

BYSenate Committee on Children & Family Services (originally sponsored by Senators Saling, Bailey, Lee, Thorsness and Anderson)

Regarding visitation between an abused child and the abuser.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

In actions concerning child custody, various statutes empower a judge to limit child visitation if the judge believes that the child is in need of protection from the person seeking visitation. The person seeking visitation can be a parent or a third party. The courts are granted that power under the permanent parenting provisions in the Parenting Act of 1987 and the provisions governing nonparental actions for child custody.

The parenting act provides that a court shall limit the parent's residential time if the parent has engaged in any of the following: a) Wilful 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; c) or a history of acts of domestic violence which rises to a level of a felony, unless the court finds that the probability that the conduct will recur is so remote that it would not be in the best interests of the child to apply the limitation or unless the act did not impact the child.  The same chapter provides that the court may order visitation for any person when it would serve the best interests of the child.

The nonparental custody statute provides that a parent not granted custody is entitled to reasonable visitation unless the courts find that the visitation would endanger the child's physical, mental, or emotional health.  The chapter also provides that the court may order visitation to any person if the visitation is in the best interests of the child. The court may not restrict parental visitation unless the court makes the finding that the child is in danger.

SUMMARY:

The parenting act and the non-parental custody act are amended.  The non-parental custody act adopts the provisions of the parenting act regarding limitations on parental visitation with some modifications.  Both acts are amended to require the court to find a "pattern of emotional abuse" rather than just emotional abuse before restricting residential time or visitation.  Both acts are amended to strike the requirement that the act of domestic violence must "rise to the level of a felony" and replaces the test with that of an "assault or sexual assault which causes grievous bodily harm or the fear of such harm."  If the court finds that the limitations will not adequately protect the child, the court can deny visitation entirely.  The court is to apply the rules of civil procedure when determining whether the alleged conduct has occurred.

The rules governing non-parental visitation rights remain unchanged.

The court may modify the visitation rights whenever a modification would serve the best interests of the child, but if the modification involves a parent, the court must apply the analysis in previous sections for determining when to limit residential time or visitation.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor; Lonnie Johns-Brown, Washington Coalition for Sexual Abuse Programs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Greater protection for children from abuse is needed.  Courts need further direction and authority to limit visitation.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Mr. Speaker