Parenting plan limitations

AN ACT Relating to limitations in parenting plans; amending RCW 1
26.09.191, 11.130.215, 26.09.187, 26.09.194, 26.09.260, 26.09.520, 2
and 26.12.177; reenacting and amending RCW 26.51.020; and adding a 3
new section to chapter 26.09 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 26.09.191 and 2021 c 215 s 134 are each amended to 6
read as follows: 7
(1) ((The permanent parenting plan shall not require mutual 8
decision-making or designation of a dispute resolution process other 9
than court action )) PURPOSE. Parents are responsible for protecting 10
and preserving the health and well-being of their minor children. 11
When a parent acts contrary to the health and well-being of the 12
parent's child, or engages in conduct that creates an unreasonable 13
risk of harm to a child, the court may, and in some situations must, 14
impose limitations intended to protect the child from harm as 15
described in this section and section 2 of this act.16
(2) GENERAL CONSIDERATIONS.17
(a) In entering a permanent parenting plan, the court shall not 18
draw any presumptions from the provisions of the temporary parenting 19
plan.20
H-0083.2
HOUSE BILL 1620
State of Washington 69th Legislature 2025 Regular Session
By Representatives Taylor, Goodman, Reed, and Hill
Read first time 01/27/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1620
(b) The weight given to the existence of a protection order 1
issued under chapter 7.105 RCW or former chapter 26.50 RCW as to 2
domestic violence is within the discretion of the court.3
(c) In determining whether any of the conduct described in this 4
section or section 2 of this act has occurred, the court shall apply 5
the rules of evidence and civil procedure except where the parties 6
have opted for an informal family law trial pursuant to state or 7
local court rules.8
(3) DEFINITIONS. The definitions in this subsection apply 9
throughout this section and section 2 of this act unless the context 10
clearly requires otherwise.11
(a) "Abusive use of conflict" refers to a party engaging in 12
ongoing and deliberate actions to misuse conflict. This includes, but 13
is not limited to: (i) Repeated bad faith violations of court orders 14
regarding the child or the protection of the child or other parent; 15
(ii) credible threats of physical, emotional, or financial harm to 16
the other parent or to family, friends, or professionals providing 17
support to the child or other parent; (iii) intentional use of the 18
child in conflict; or (iv) abusive litigation as defined in RCW 19
26.51.020. Litigation that is aggressive or improper but does not 20
meet the definition of abusive litigation shall not constitute a 21
basis for finding abusive use of conflict under this section. 22
Protective actions as defined in this section shall not constitute a 23
basis for a finding of abusive use of conflict.24
(b) "Child" shall also mean "children."25
(c) "Knowingly" means knows or reasonably should know.26
(d) "Parenting functions" has the same meaning as in RCW 27
26.09.004.28
(e) "Protective actions" are actions taken by a parent in good 29
faith for the purpose of protecting themselves or the parent's child 30
from the risk of harm posed by the other parent. "Protective actions" 31
can include, but are not limited to: (i) Reports or complaints 32
regarding physical, sexual, or mental abuse of a child or child 33
neglect to an individual or entity connected to the provision of care 34
or safety of the child such as law enforcement, medical 35
professionals, therapists, schools, day cares, or child protective 36
services; (ii) seeking court orders changing residential time; or 37
(iii) petitions for protection or restraining orders.38
(f) "Sex offense against a child" means any of the following 39
offenses involving a child victim: (i) Any sex offense as defined in 40
p. 2 HB 1620
RCW 9.94A.030; (ii) any offense with a finding of sexual motivation; 1
(iii) any offense in violation of chapter 9A.44 RCW other than RCW 2
9A.44.132; (iv) any offense involving the sexual abuse of a minor, 3
including any offense under chapter 9.68A RCW; or (v) any federal or 4
out-of-state offense comparable to any offense under (f)(i) through 5
(iv) of this subsection. 6
(g) "Social worker" means a person with a master's degree or 7
further advanced degree from a social work educational program 8
accredited and approved as provided in RCW 18.320.010.9
(h) "Willful abandonment" has occurred when the child's parent 10
has expressed, either by statement or conduct, an intent to forego, 11
for an extended period, parental rights or responsibilities despite 12
an ability to exercise such rights and responsibilities. "Willful 13
abandonment" does not include a parent who has been unable to see the 14
child due to circumstances that include, but are not limited to: 15
Incarceration, deportation, inpatient treatment, medical emergency, 16
fleeing to an emergency shelter or domestic violence shelter, or 17
withholding of the child by the other parent.18
(4) RESIDENTIAL TIME LIMITATIONS.19
(a) PARENTAL CONDUCT REQUIRING LIMITS ON A PARENT'S RESIDENTIAL 20
TIME. A parent's residential time with the parent's child shall be 21
limited if it is found that a parent has engaged in any of the 22
following conduct: 23
(((a))) (i) Willful abandonment that continues for an extended 24
period of time ((or substantial refusal to perform parenting 25
functions;26
(b) physical, sexual,));27
(ii) Physical abuse or a pattern of emotional abuse of a child;28
((or (c) a)) (iii) A history of acts of domestic violence as 29
defined in RCW 7.105.010 ((or)), an assault ((or sexual assault )) 30
that causes grievous bodily harm or the fear of such harm ((or that 31
results in a pregnancy.32
(2)(a) The)), or any sexual assault; or33
(iv) Sexual abuse of a child. Required limitations and 34
considerations for a parent who has been convicted of a sex offense 35
against a child or found to have sexually abused a child in the 36
current case or a prior case are addressed in section 2 of this act.37
(b) PARENT RESIDING WITH A PERSON WHOSE CONDUCT REQUIRES 38
RESIDENTIAL TIME LIMITATIONS. A parent's residential time with the 39
child shall be limited if it is found that the parent knowingly 40
p. 3 HB 1620
resides with a person who has engaged in any of the following 1
conduct: (((i) Willful abandonment that continues for an extended 2
period of time or substantial refusal to perform parenting functions; 3
(ii) physical, sexual,))4
(i) Physical abuse or a pattern of emotional abuse of a child;5
(((iii) a)) (ii) A history of acts of domestic violence as 6
defined in RCW 7.105.010 ((or)), an assault ((or sexual assault )) 7
that causes grievous bodily harm or the fear of such harm ((or that 8
results in a pregnancy; or (iv) the parent has been convicted as an 9
adult of a sex offense under:10
(A) RCW 9A.44.076 if, because of the difference in age between 11
the offender and the victim, no rebuttable presumption exists under 12
(d) of this subsection;13
(B) RCW 9A.44.079 if, because of the difference in age between 14
the offender and the victim, no rebuttable presumption exists under 15
(d) of this subsection;16
(C) RCW 9A.44.086 if, because of the difference in age between 17
the offender and the victim, no rebuttable presumption exists under 18
(d) of this subsection;19
(D) RCW 9A.44.089;20
(E) RCW 9A.44.093;21
(F) RCW 9A.44.096;22
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age 23
between the offender and the victim, no rebuttable presumption exists 24
under (d) of this subsection;25
(H) Chapter 9.68A RCW;26
(I) Any predecessor or antecedent statute for the offenses listed 27
in (a)(iv)(A) through (H) of this subsection;28
(J) Any statute from any other jurisdiction that describes an 29
offense analogous to the offenses listed in (a)(iv)(A) through (H) of 30
this subsection.31
This subsection (2)(a) shall not apply when (c) or (d) of this 32
subsection applies.33
(b) The parent's residential time with the child shall be limited 34
if it is found that the parent resides with a person who has engaged 35
in any of the following conduct: (i) Physical, sexual, or a pattern 36
of emotional abuse of a child; (ii) a history of acts of domestic 37
violence as defined in RCW 7.105.010 or an assault or sexual assault 38
that causes grievous bodily harm or the fear of such harm or that 39
p. 4 HB 1620
results in a pregnancy; or (iii) the person has been convicted as an 1
adult or as a juvenile has been adjudicated of a sex offense under:2
(A) RCW 9A.44.076 if, because of the difference in age between 3
the offender and the victim, no rebuttable presumption exists under 4
(e) of this subsection;5
(B) RCW 9A.44.079 if, because of the difference in age between 6
the offender and the victim, no rebuttable presumption exists under 7
(e) of this subsection;8
(C) RCW 9A.44.086 if, because of the difference in age between 9
the offender and the victim, no rebuttable presumption exists under 10
(e) of this subsection;11
(D) RCW 9A.44.089;12
(E) RCW 9A.44.093;13
(F) RCW 9A.44.096;14
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age 15
between the offender and the victim, no rebuttable presumption exists 16
under (e) of this subsection;17
(H) Chapter 9.68A RCW;18
(I) Any predecessor or antecedent statute for the offenses listed 19
in (b)(iii)(A) through (H) of this subsection;20
(J) Any statute from any other jurisdiction that describes an 21
offense analogous to the offenses listed in (b)(iii)(A) through (H) 22
of this subsection.23
This subsection (2)(b) shall not apply when (c) or (e) of this 24
subsection applies.25
(c) If a parent has been found to be a sexual predator under 26
chapter 71.09 RCW or under an analogous statute of any other 27
jurisdiction, the court shall restrain the parent from contact with a 28
child that would otherwise be allowed under this chapter. If a parent 29
resides with an adult or a juvenile who has been found to be a sexual 30
predator under chapter 71.09 RCW or under an analogous statute of any 31
other jurisdiction, the court shall restrain the parent from contact 32
with the parent's child except contact that occurs outside that 33
person's presence.34
(d) There is a rebuttable presumption that a parent who has been 35
convicted as an adult of a sex offense listed in (d)(i) through (ix) 36
of this subsection poses a present danger to a child. Unless the 37
parent rebuts this presumption, the court shall restrain the parent 38
from contact with a child that would otherwise be allowed under this 39
chapter:40
p. 5 HB 1620
(i) RCW 9A.64.020 (1) or (2), provided that the person convicted 1
was at least five years older than the other person;2
(ii) RCW 9A.44.073;3
(iii) RCW 9A.44.076, provided that the person convicted was at 4
least eight years older than the victim;5
(iv) RCW 9A.44.079, provided that the person convicted was at 6
least eight years older than the victim;7
(v) RCW 9A.44.083;8
(vi) RCW 9A.44.086, provided that the person convicted was at 9
least eight years older than the victim;10
(vii) RCW 9A.44.100;11
(viii) Any predecessor or antecedent statute for the offenses 12
listed in (d)(i) through (vii) of this subsection;13
(ix) Any statute from any other jurisdiction that describes an 14
offense analogous to the offenses listed in (d)(i) through (vii) of 15
this subsection.16
(e) There is a rebuttable presumption that a parent who resides 17
with a person who, as an adult, has been convicted, or as a juvenile 18
has been adjudicated, of the sex offenses listed in (e)(i) through 19
(ix) of this subsection places a child at risk of abuse or harm when 20
that parent exercises residential time in the presence of the 21
convicted or adjudicated person. Unless the parent rebuts the 22
presumption, the court shall restrain the parent from contact with 23
the parent's child except for contact that occurs outside of the 24
convicted or adjudicated person's presence:25
(i) RCW 9A.64.020 (1) or (2), provided that the person convicted 26
was at least five years older than the other person;27
(ii) RCW 9A.44.073;28
(iii) RCW 9A.44.076, provided that the person convicted was at 29
least eight years older than the victim;30
(iv) RCW 9A.44.079, provided that the person convicted was at 31
least eight years older than the victim;32
(v) RCW 9A.44.083;33
(vi) RCW 9A.44.086, provided that the person convicted was at 34
least eight years older than the victim;35
(vii) RCW 9A.44.100;36
(viii) Any predecessor or antecedent statute for the offenses 37
listed in (e)(i) through (vii) of this subsection;38
p. 6 HB 1620
(ix) Any statute from any other jurisdiction that describes an 1
offense analogous to the offenses listed in (e)(i) through (vii) of 2
this subsection.3
(f) The presumption established in (d) of this subsection may be 4
rebutted only after a written finding that the child was not 5
conceived and subsequently born as a result of a sexual assault 6
committed by the parent requesting residential time and that:7
(i) If the child was not the victim of the sex offense committed 8
by the parent requesting residential time, (A) contact between the 9
child and the offending parent is appropriate and poses minimal risk 10
to the child, and (B) the offending parent has successfully engaged 11
in treatment for sex offenders or is engaged in and making progress 12
in such treatment, if any was ordered by a court, and the treatment 13
provider believes such contact is appropriate and poses minimal risk 14
to the child; or15
(ii) If the child was the victim of the sex offense committed by 16
the parent requesting residential time, (A) contact between the child 17
and the offending parent is appropriate and poses minimal risk to the 18
child, (B) if the child is in or has been in therapy for victims of 19
sexual abuse, the child's counselor believes such contact between the 20
child and the offending parent is in the child's best interest, and 21
(C) the offending parent has successfully engaged in treatment for 22
sex offenders or is engaged in and making progress in such treatment, 23
if any was ordered by a court, and the treatment provider believes 24
such contact is appropriate and poses minimal risk to the child.25
(g) The presumption established in (e) of this subsection may be 26
rebutted only after a written finding that the child was not 27
conceived and subsequently born as a result of a sexual assault 28
committed by the parent requesting residential time and that:29
(i) If the child was not the victim of the sex offense committed 30
by the person who is residing with the parent requesting residential 31
time, (A) contact between the child and the parent residing with the 32
convicted or adjudicated person is appropriate and that parent is 33
able to protect the child in the presence of the convicted or 34
adjudicated person, and (B) the convicted or adjudicated person has 35
successfully engaged in treatment for sex offenders or is engaged in 36
and making progress in such treatment, if any was ordered by a court, 37
and the treatment provider believes such contact is appropriate and 38
poses minimal risk to the child; or39
p. 7 HB 1620
(ii) If the child was the victim of the sex offense committed by 1
the person who is residing with the parent requesting residential 2
time, (A) contact between the child and the parent in the presence of 3
the convicted or adjudicated person is appropriate and poses minimal 4
risk to the child, (B) if the child is in or has been in therapy for 5
victims of sexual abuse, the child's counselor believes such contact 6
between the child and the parent residing with the convicted or 7
adjudicated person in the presence of the convicted or adjudicated 8
person is in the child's best interest, and (C) the convicted or 9
adjudicated person has successfully engaged in treatment for sex 10
offenders or is engaged in and making progress in such treatment, if 11
any was ordered by a court, and the treatment provider believes 12
contact between the parent and child in the presence of the convicted 13
or adjudicated person is appropriate and poses minimal risk to the 14
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 may 17
allow a parent who has been convicted as an adult of a sex offense 18
listed in (d)(i) through (ix) of this subsection to have residential 19
time with the child supervised by a neutral and independent adult and 20
pursuant to an adequate plan for supervision of such residential 21
time. The court shall not approve of a supervisor for contact between 22
the child and the parent unless the court finds, based on the 23
evidence, that the supervisor is willing and capable of protecting 24
the child from harm. The court shall revoke court approval of the 25
supervisor upon finding, based on the evidence, that the supervisor 26
has failed to protect the child or is no longer willing or capable of 27
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 may 30
allow a parent residing with a person who has been adjudicated as a 31
juvenile of a sex offense listed in (e)(i) through (ix) of this 32
subsection to have residential time with the child in the presence of 33
the person adjudicated as a juvenile, supervised by a neutral and 34
independent adult and pursuant to an adequate plan for supervision of 35
such residential time. The court shall not approve of a supervisor 36
for contact between the child and the parent unless the court finds, 37
based on the evidence, that the supervisor is willing and capable of 38
protecting the child from harm. The court shall revoke court approval 39
of the supervisor upon finding, based on the evidence, that the 40
p. 8 HB 1620
supervisor has failed to protect the child or is no longer willing or 1
capable of protecting the child. 2
(j) If the court finds that the parent has met the burden of 3
rebutting the presumption under (g) of this subsection, the court may 4
allow a parent residing with a person who, as an adult, has been 5
convicted of a sex offense listed in (e)(i) through (ix) of this 6
subsection to have residential time with the child in the presence of 7
the convicted person supervised by a neutral and independent adult 8
and pursuant to an adequate plan for supervision of such residential 9
time. The court shall not approve of a supervisor for contact between 10
the child and the parent unless the court finds, based on the 11
evidence, that the supervisor is willing and capable of protecting 12
the child from harm. The court shall revoke court approval of the 13
supervisor upon finding, based on the evidence, that the supervisor 14
has failed to protect the child or is no longer willing or capable of 15
protecting the child.16
(k) A court shall not order unsupervised contact between the 17
offending parent and a child of the offending parent who was sexually 18
abused by that parent. A court may order unsupervised contact between 19
the offending parent and a child who was not sexually abused by the 20
parent after the presumption under (d) of this subsection has been 21
rebutted and supervised residential time has occurred for at least 22
two years with no further arrests or convictions of sex offenses 23
involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 24
9.68A RCW and (i) the sex offense of the offending parent was not 25
committed against a child of the offending parent, and (ii) the court 26
finds that unsupervised contact between the child and the offending 27
parent is appropriate and poses minimal risk to the child, after 28
consideration of the testimony of a state-certified therapist, mental 29
health counselor, or social worker with expertise in treating child 30
sexual abuse victims who has supervised at least one period of 31
residential time between the parent and the child, and after 32
consideration of evidence of the offending parent's compliance with 33
community supervision requirements, if any. If the offending parent 34
was not ordered by a court to participate in treatment for sex 35
offenders, then the parent shall obtain a psychosexual evaluation 36
conducted by a certified sex offender treatment provider or a 37
certified affiliate sex offender treatment provider indicating that 38
the offender has the lowest likelihood of risk to reoffend before the 39
court grants unsupervised contact between the parent and a child.40
p. 9 HB 1620
(l) A court may order unsupervised contact between the parent and 1
a child which may occur in the presence of a juvenile adjudicated of 2
a sex offense listed in (e)(i) through (ix) of this subsection who 3
resides with the parent after the presumption under (e) of this 4
subsection has been rebutted and supervised residential time has 5
occurred for at least two years during which time the adjudicated 6
juvenile has had no further arrests, adjudications, or convictions of 7
sex offenses involving children under chapter 9A.44 RCW, RCW 8
9A.64.020, or chapter 9.68A RCW, and (i) the court finds that 9
unsupervised contact between the child and the parent that may occur 10
in the presence of the adjudicated juvenile is appropriate and poses 11
minimal risk to the child, after consideration of the testimony of a 12
state-certified therapist, mental health counselor, or social worker 13
with expertise in treatment of child sexual abuse victims who has 14
supervised at least one period of residential time between the parent 15
and the child in the presence of the adjudicated juvenile, and after 16
consideration of evidence of the adjudicated juvenile's compliance 17
with community supervision or parole requirements, if any. If the 18
adjudicated juvenile was not ordered by a court to participate in 19
treatment for sex offenders, then the adjudicated juvenile shall 20
obtain a psychosexual evaluation conducted by a certified sex 21
offender treatment provider or a certified affiliate sex offender 22
treatment provider indicating that the adjudicated juvenile has the 23
lowest likelihood of risk to reoffend before the court grants 24
unsupervised contact between the parent and a child which may occur 25
in the presence of the adjudicated juvenile who is residing with the 26
parent.27
(m)(i) The limitations imposed by the court under (a) or (b) of 28
this subsection shall be reasonably calculated to protect the child 29
from the physical, sexual, or emotional abuse or harm that could 30
result if the child has contact with the parent requesting 31
residential time. The limitations shall also be reasonably calculated 32
to provide for the safety of the parent who may be at risk of 33
physical, sexual, or emotional abuse or harm that could result if the 34
parent has contact with the parent requesting residential time. The 35
limitations the court may impose include, but are not limited to: 36
Supervised contact between the child and the parent or completion of 37
relevant counseling or treatment. If the court expressly finds based 38
on the evidence that limitations on the residential time with the 39
child will not adequately protect the child from the harm or abuse 40
p. 10 HB 1620
that could result if the child has contact with the parent requesting 1
residential time, the court shall restrain the parent requesting 2
residential time from all contact with the child. 3
(ii) The court shall not enter an order under (a) of this 4
subsection allowing a parent to have contact with a child if the 5
parent has been found by clear and convincing evidence in a civil 6
action or by a preponderance of the evidence in a dependency action 7
to have sexually abused the child, except upon recommendation by an 8
evaluator or therapist for the child that the child is ready for 9
contact with the parent and will not be harmed by the contact. The 10
court shall not enter an order allowing a parent to have contact with 11
the child in the offender's presence if the parent resides with a 12
person who has been found by clear and convincing evidence in a civil 13
action or by a preponderance of the evidence in a dependency action 14
to have sexually abused a child, unless the court finds that the 15
parent accepts that the person engaged in the harmful conduct and the 16
parent is willing to and capable of protecting the child from harm 17
from the person.18
(iii) The court shall not enter an order under (a) of this 19
subsection allowing a parent to have contact with a child if the 20
parent has been found by clear and convincing evidence pursuant to 21
RCW 26.26A.465 to have committed sexual assault, as defined in RCW 22
26.26A.465, against the child's parent, and that the child was born 23
within three hundred twenty days of the sexual assault.24
(iv) If the court limits residential time under (a) or (b) of 25
this subsection to require supervised contact between the child and 26
the parent, the court shall not approve of a supervisor for contact 27
between a child and a parent who has engaged in physical, sexual, or 28
a pattern of emotional abuse of the child unless the court finds 29
based upon the evidence that the supervisor accepts that the harmful 30
conduct occurred and is willing to and capable of protecting the 31
child from harm. The court shall revoke court approval of the 32
supervisor upon finding, based on the evidence, that the supervisor 33
has failed to protect the child or is no longer willing to or capable 34
of protecting the child.35
(n) If the court expressly finds based on the evidence that 36
contact between the parent and the child will not cause physical, 37
sexual, or emotional abuse or harm to the child and that the 38
probability that the parent's or other person's harmful or abusive 39
conduct will recur is so remote that it would not be in the child's 40
p. 11 HB 1620
best interests to apply the limitations of (a), (b), and (m)(i) and 1
(iv) of this subsection, or if the court expressly finds that the 2
parent's conduct did not have an impact on the child, then the court 3
need not apply the limitations of (a), (b), and (m)(i) and (iv) of 4
this subsection. The weight given to the existence of a protection 5
order issued under chapter 7.105 RCW or former chapter 26.50 RCW as 6
to domestic violence is within the discretion of the court. This 7
subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), 8
(j), (k), (l), and (m)(ii) of this subsection apply.9
(3))), or any sexual assault; or10
(iii) Sexual abuse of a child. Required limitations and 11
considerations on a parent who resides with someone convicted of a 12
sex offense against a child or found to have sexually abused a child 13
in the current case or a prior case are addressed in section 2 of 14
this act.15
(c) PARENTAL CONDUCT THAT MAY RESULT IN LIMITATIONS ON A PARENT'S 16
RESIDENTIAL TIME. A parent's involvement or conduct may have an 17
adverse effect on the child's best interests, and the court may 18
preclude or limit any provisions of the parenting plan, if any of the 19
following factors exist: 20
(((a))) (i) A parent's neglect or substantial nonperformance of 21
parenting functions; 22
(((b))) (ii) A long-term emotional or physical impairment 23
((which)) that interferes with the parent's performance of parenting 24
functions ((as defined in RCW 26.09.004)); 25
(((c))) (iii) A long-term impairment resulting from drug, 26
alcohol, or other substance abuse that interferes with the 27
performance of parenting functions; 28
(((d))) (iv) The absence or substantial impairment of emotional 29
ties between the parent and the child; 30
(((e) The)) (v) A parent has engaged in the abusive use of 31
conflict ((by the parent)) which creates the danger of serious damage 32
to the child's psychological development ((. Abusive use of conflict 33
includes, but is not limited to, abusive litigation as defined in RCW 34
26.51.020. If the court finds a parent has engaged in abusive 35
litigation, the court may impose any restrictions or remedies set 36
forth in chapter 26.51 RCW in addition to including a finding in the 37
parenting plan. Litigation that is aggressive or improper but that 38
does not meet the definition of abusive litigation shall not 39
constitute a basis for a finding under this section. A report made in 40
p. 12 HB 1620
good faith to law enforcement, a medical professional, or child 1
protective services of sexual, physical, or mental abuse of a child 2
shall not constitute a basis for a finding of abusive use of 3
conflict; 4
(f)));5
(vi) A parent has withheld from the other parent access to the 6
child for a protracted period without good cause . Withholding does 7
not include protective actions taken by a parent in good faith for 8
the legitimate and lawful purpose of protecting themselves or the 9
parent's child from the risk of harm posed by the other parent; or10
(((g))) (vii) Such other factors or conduct as the court 11
expressly finds adverse to the best interests of the child.12
(((4) In cases involving allegations of limiting factors under 13
subsection (2)(a)(ii) and (iii) of this section, both parties shall 14
be screened to determine the appropriateness of a comprehensive 15
assessment regarding the impact of the limiting factor on the child 16
and the parties.17
(5) In entering a permanent parenting plan, the court shall not 18
draw any presumptions from the provisions of the temporary parenting 19
plan.20
(6) In determining whether any of the conduct described in this 21
section has occurred, the court shall apply the civil rules of 22
evidence, proof, and procedure.23
(7) For the purposes of this section:24
(a) "A parent's child" means that parent's natural child, adopted 25
child, or stepchild; and26
(b) "Social worker" means a person with a master's or further 27
advanced degree from a social work educational program accredited and 28
approved as provided in RCW 18.320.010.))29
(d) LIMITATIONS A COURT MAY IMPOSE ON A PARENT'S RESIDENTIAL 30
TIME. The limitations that may be imposed by the court under this 31
section shall be reasonably calculated to protect a child from the 32
physical, sexual, or emotional abuse or harm that could result if a 33
child has contact with the parent requesting residential time. The 34
limitations shall also be reasonably calculated to provide for the 35
safety of the parent who may be at risk of physical, sexual, or 36
emotional abuse or harm that could result if the parent has contact 37
with the other parent. The limitations the court may impose include, 38
but are not limited to:39
p. 13 HB 1620
(i) SUPERVISED VISITATION. A court may, in its discretion, order 1
supervised contact between a child and the parent.2
(A) If the court requires supervised visitation, there is a 3
presumption that the supervision shall be provided by a professional 4
supervisor. This presumption is overcome if the court finds: (I) 5
There is a lay person who has demonstrated through sworn testimony 6
and evidence of past interactions with children that they are capable 7
and committed to protecting the child from physical or emotional 8
abuse or harm; and (II) the parent is unable to access professional 9
supervision due to (1) geographic isolation or other factors that 10
would make professionally supervised visitation inaccessible or (2) 11
financial indigency that has been demonstrated by a general rule 34 12
waiver or other evidence that the parent's current income and 13
necessary expenses do not allow for the cost of professional 14
supervision.15
(B) For all supervision, the court shall include clear written 16
guidelines and prohibitions to be followed by the supervised party. 17
No visits shall take place until the supervised parent and 18
supervisor, or designated representative of a professional 19
supervision program, have signed an acknowledgment confirming that 20
they have read the court orders and the guidelines and prohibitions 21
regarding visitation and agree to follow them. The court shall only 22
permit supervision by an individual or program that is committed to 23
protecting the child from any physical or emotional abuse or harm and 24
is willing and capable of intervening in behaviors inconsistent with 25
the court orders and guidelines.26
(C) A parent may seek an emergency ex parte order temporarily 27
suspending residential time until review by the court if: (I) The 28
supervised parent repeatedly violates the court order or guidelines; 29
(II) the supervised parent threatens the supervisor or child with 30
physical harm, commits an act of domestic violence, or materially 31
violates any treatment condition associated with any restrictions 32
under this section (a missed counseling appointment does not 33
constitute a violation); (III) the supervisor is unable or unwilling 34
to protect the child and/or the protected parent; or (IV) the 35
supervisor is no longer willing to provide service to the supervised 36
parent. The court suspending residential time shall set a review 37
hearing to take place within 14 days of entering the ex parte order.38
(ii) EVALUATION OR TREATMENT. The court may order a parent to 39
undergo evaluations for such issues as domestic violence 40
p. 14 HB 1620
perpetration, substance use disorder, mental health, or anger 1
management, with collateral input provided from the other parent. Any 2
evaluation report that does not include collateral input must provide 3
details as to why and the attempts made to obtain collateral input.4
(A) The court may also order that a parent complete treatment for 5
any of these issues if the need for treatment is supported by the 6
evidence and the evidence supports a finding that the issue 7
interferes with parenting functions.8
(B) A parent's residential time and decision-making authority may 9
be conditioned on the parent's completion of an evaluation or 10
treatment ordered by the court.11
(iii) NO CONTACT. If, based on the evidence, the court expressly 12
finds that limitations on the residential time with a child will not 13
adequately protect a child from the harm or abuse that could result 14
if a child has contact with the parent requesting residential time, 15
the court shall restrain the parent requesting residential time from 16
all contact with a child.17
(5) LIMITATIONS ON DECISION MAKING AND DISPUTE RESOLUTION. Except 18
for circumstances provided in subsection (6)(b) of this section, the 19
court shall order sole decision making and no dispute resolution 20
other than court action if it is found that a parent has engaged in 21
any of the following conduct:22
(a) Willful abandonment that continues for an extended period;23
(b) Physical, sexual, or a pattern of emotional abuse of a child;24
(c) A history of acts of domestic violence as defined in RCW 25
7.105.010; or26
(d) An assault that causes grievous bodily harm or the fear of 27
such harm or any sexual assault.28
(6) DETERMINATION NOT TO IMPOSE LIMITATIONS.29
(a) If the court makes express written findings based on clear 30
and convincing evidence that contact between the parent and the child 31
will not cause physical, sexual, or emotional abuse or harm to the 32
child and that the probability that the parent's or other person's 33
harmful or abusive conduct will recur is so remote that it would not 34
be in the child's best interests to apply limitations to residential 35
time under subsection (4) of this section, then the court need not 36
apply the limitations of subsection (4) of this section. This 37
subsection shall not apply to findings of sexual abuse which are 38
governed by section 2 of this act.39
p. 15 HB 1620
(b) If the court makes express written findings based on clear 1
and convincing evidence that it would be contrary to the child's best 2
interests to order sole decision making or preclude dispute 3
resolution under subsection (5) of this section, the court need not 4
apply those limitations. Where there has been a finding of domestic 5
violence, there is a rebuttable presumption that there will be sole 6
decision making. The court shall not require face-to-face mediation, 7
arbitration, or interventions, including therapeutic interventions, 8
that require the parties to share the same physical or virtual space 9
if there has been a finding of domestic violence.10
(c) In determining whether there is clear and convincing evidence 11
supporting a determination not to impose limitations, the court shall 12
consider and make express written findings on all of the following 13
factors:14
(i) Any current risk posed by the parent to the physical or 15
psychological well-being of the child or other parent;16
(ii) Whether a parent has demonstrated that they can and will 17
prioritize the child's physical and psychological well-being;18
(iii) Whether a parent has adhered to and is likely to adhere to 19
court orders;20
(iv) Whether a parent has genuinely acknowledged past harm and is 21
committed to avoiding harm in the future; and22
(v) A parent's compliance with any previously court-ordered 23
treatment. A parent's compliance with the requirements for 24
participation in a treatment program does not, by itself, constitute 25
evidence that the parent has made the requisite changes.26
(7) WHEN LIMITATIONS APPLY TO BOTH PARENTS.27
(a) When mandatory limitations in subsection (4)(a) or (b) of 28
this section apply to both parents, the court may make an exception 29
in applying mandatory limitations. The court shall make detailed 30
written findings regarding the comparative risk of harm to the child 31
posed by each parent, and shall explain the limitations imposed on 32
each parent, including any decision not to impose restrictions on a 33
parent or to award decision making to a parent who is subject to 34
limitations.35
(b) When mandatory limitations under subsection (4)(a) or (b) of 36
this section apply to one parent and discretionary limitations under 37
subsection (4)(c) of this section apply to another parent, there is a 38
presumption that the mandatory limitations shall have priority in 39
setting the limitations of the residential schedule, decision making, 40
p. 16 HB 1620
and dispute resolution. If the court deviates from this presumption, 1
the court shall make detailed written findings as to the reasons for 2
the deviation. 3
(c) When discretionary limitations in subsection (4)(c) of this 4
section apply to both parents, the court shall make detailed written 5
findings regarding the comparative risk of harm to the child posed by 6
each parent, and shall explain the limitations imposed on each 7
parent, including any decision not to impose restrictions on a parent 8
or to award decision making to a parent who is subject to limitations 9
in subsection (4)(c) of this section.10
(d) In making the determinations under (a), (b), or (c) of this 11
subsection, the court shall consider the best interests of the child 12
and which parenting arrangement best maintains a child's emotional 13
growth, health and stability, and physical care. Further, the best 14
interests of the child are ordinarily served when the existing 15
pattern of interaction between a parent and child is altered only to 16
the extent necessitated by the changed relationship of the parents or 17
as required to protect the child from physical, mental, or emotional 18
harm.19
NEW SECTION. Sec. 2. A new section is added to chapter 26.09 20
RCW to read as follows: 21
This section governs limitations on residential provisions, 22
decision-making authority, and dispute resolution when a parent, or a 23
person the parent resides with, has been convicted of a sex offense 24
against a child or found to have sexually abused a child.25
(1) SEXUALLY VIOLENT PREDATORS. If a parent has been found to be 26
a sexually violent predator under chapter 71.09 RCW or under an 27
analogous statute of any other jurisdiction, the court shall restrain 28
the parent from contact with a child that would otherwise be allowed 29
under this chapter. If a parent resides with an adult or a juvenile 30
who has been found to be a sexually violent predator under chapter 31
71.09 RCW or under an analogous statute of any other jurisdiction, 32
the court shall restrain the parent from contact with the parent's 33
child except contact that occurs outside the predator's presence.34
(2) CHILD SEXUAL ABUSE BY PARENT. 35
(a) There is a rebuttable presumption that a parent who has been 36
convicted as an adult of a sex offense against any child in this or 37
another jurisdiction poses a present danger to a child. Unless the 38
parent rebuts this presumption, the court shall restrain the parent 39
p. 17 HB 1620
from all contact with the parent's child that would otherwise be 1
allowed under this chapter. 2
(b) The court shall not enter an order allowing a parent to have 3
contact with the parent's child if the parent has been found by a 4
preponderance of the evidence in a dependency or family law action, 5
including in the current case, to have sexually abused that child, 6
except upon recommendation by an evaluator or therapist for the child 7
that the child is ready for contact with the parent and will not be 8
harmed by the contact. 9
(3) PARENT RESIDING WITH A PERSON FOUND TO HAVE SEXUALLY ABUSED A 10
CHILD. 11
(a) There is a rebuttable presumption that a parent who knowingly 12
resides with a person who, as an adult, has been convicted of a sex 13
offense against a child, or as a juvenile has been adjudicated of a 14
sex offense against a child at least eight years younger, in this or 15
another jurisdiction, places a child at risk of abuse or harm when 16
that parent exercises residential time in the presence of the 17
convicted or adjudicated person. Unless the parent rebuts the 18
presumption, the court shall restrain the parent from contact with 19
the parent's child except for contact that occurs outside of the 20
convicted or adjudicated person's presence. 21
(b) The court shall not enter an order allowing a parent to have 22
contact with the child in the offender's presence if the parent 23
resides with a person who has been found by a preponderance of the 24
evidence in a dependency or family law action, including in the 25
current case, to have sexually abused a child, unless the court finds 26
that the parent accepts that the person engaged in the harmful 27
conduct and the parent is willing to and capable of protecting the 28
child from harm from the person. 29
(4) REBUTTING THE PRESUMPTION OF NO CONTACT. 30
(a) OFFENDING PARENT. The presumption established in subsection 31
(2)(a) of this section may be rebutted only after a written finding 32
that: 33
(i) If the child was not the victim of the sex offense committed 34
by the parent requesting residential time, (A) contact between the 35
child and the offending parent is appropriate and poses minimal risk 36
to the child, and (B) the offending parent has provided documentation 37
that they have successfully completed treatment for sex offenders or 38
are engaged in and making progress in such treatment, if any was 39
ordered by a court; or 40
p. 18 HB 1620
(ii) If the child was the victim of the sex offense committed by 1
the parent requesting residential time, (A) contact between the child 2
and the offending parent is appropriate and poses minimal risk to the 3
child, (B) if the child is in or has been in therapy for victims of 4
sexual abuse, the child's counselor believes such contact between the 5
child and the offending parent is in the child's best interest, and 6
(C) the offending parent has provided documentation that they have 7
successfully completed treatment for sex offenders or are engaged in 8
and making progress in such treatment, if any was ordered by a court.9
(b) PARENT RESIDES WITH OFFENDING PERSON. The presumption 10
established in subsection (3)(a) of this section may be rebutted only 11
after a written finding that: 12
(i) If the child was not the victim of the sex offense committed 13
by the person who is residing with the parent requesting residential 14
time, (A) contact between the child and the parent residing with the 15
convicted or adjudicated person is appropriate and that parent is 16
able to protect the child in the presence of the convicted or 17
adjudicated person, and (B) the convicted or adjudicated person has 18
provided documentation that they have successfully completed 19
treatment for sex offenders or are engaged in and making progress in 20
such treatment, if any was ordered by a court; or 21
(ii) If the child was the victim of the sex offense committed by 22
the person who is residing with the parent requesting residential 23
time, (A) contact between the child and the parent in the presence of 24
the convicted or adjudicated person is appropriate and poses minimal 25
risk to the child, (B) if the child is in or has been in therapy for 26
victims of sexual abuse, the child's counselor believes such contact 27
between the child and the parent residing with the convicted or 28
adjudicated person in the presence of the convicted or adjudicated 29
person is in the child's best interest, and (C) the convicted or 30
adjudicated person has provided documentation that they have 31
successfully completed treatment for sex offenders or are engaged in 32
and making progress in such treatment, if any was ordered by a court.33
(c) CONTACT IF PRESUMPTION REBUTTED. 34
(i)(A) If the court finds that the parent has met the burden of 35
rebutting the presumption under (a) of this subsection, the court may 36
allow a parent who has been convicted as an adult of a sex offense 37
against a child to have residential time with the child supervised by 38
a neutral and independent adult and pursuant to an adequate plan for 39
supervision of such residential time. 40
p. 19 HB 1620
(B) The court shall not approve of a supervisor for contact 1
between the child and the parent unless the court finds, based on the 2
evidence, that the supervisor is willing and capable of protecting 3
the child from harm. The court shall revoke court approval of the 4
supervisor upon finding, based on the evidence, that the supervisor 5
has failed to protect the child or is no longer willing or capable of 6
protecting the child; 7
(ii) If the court finds that the parent has met the burden of 8
rebutting the presumption under (b) of this subsection, the court may 9
allow a parent residing with a person who has been convicted of a sex 10
offense against a child or adjudicated of a juvenile sex offense with 11
a child at least eight years younger to have residential time with 12
the child in the presence of that person, supervised by a neutral and 13
independent adult and pursuant to an adequate plan for supervision of 14
such residential time. The supervisor may be the parent if the court 15
finds, based on the evidence, that the parent is willing and capable 16
of protecting the child from harm. The court shall revoke court 17
approval of the supervisor, including the parent, upon finding, based 18
on the evidence, that the supervisor has failed to protect the child 19
or is no longer willing or capable of protecting the child;20
(iii) A court shall not order unsupervised contact between the 21
offending parent and a child of the offending parent who was sexually 22
abused by that parent; 23
(iv) A court may order unsupervised contact between the offending 24
parent and a child who was not sexually abused by the parent after 25
the presumption under subsection (2)(a) of this section has been 26
rebutted pursuant to (a) of this subsection and supervised 27
residential time has occurred for at least two years with no further 28
arrests or convictions of sex offenses involving children and (A) the 29
sex offense of the offending parent was not committed against a child 30
of the offending parent, and (B) the court finds that unsupervised 31
contact between the child and the offending parent is appropriate and 32
poses minimal risk to the child, after consideration of the testimony 33
of a state-certified therapist, mental health counselor, or social 34
worker with expertise in treating child sexual abuse victims who has 35
supervised at least one period of residential time between the parent 36
and the child, and after consideration of evidence of the offending 37
parent's compliance with community supervision requirements, if any. 38
If the offending parent was not ordered by a court to participate in 39
treatment for sex offenders, then the parent shall obtain a 40
p. 20 HB 1620
psychosexual evaluation conducted by a certified sex offender 1
treatment provider or a certified affiliate sex offender treatment 2
provider indicating that the offender has the lowest likelihood of 3
risk to reoffend before the court grants unsupervised contact between 4
the parent and a child. 5
(5) RESTRICTED DECISION MAKING AND DISPUTE RESOLUTION. The 6
parenting plan shall not require mutual decision making or 7
designation of a dispute resolution process other than court action 8
if it is found that a parent has been convicted as an adult of a sex 9
offense against any child in this or any other jurisdiction or has 10
been found to be a sexually violent predator under chapter 71.09 RCW 11
or under an analogous statute of any other jurisdiction.12
Sec. 3. RCW 11.130.215 and 2022 c 243 s 8 are each amended to 13
read as follows: 14
(1) After a hearing under RCW 11.130.195, the court may appoint a 15
guardian for a minor, if appointment is proper under RCW 11.130.185, 16
dismiss the proceeding, or take other appropriate action consistent 17
with this chapter or law of this state other than this chapter.18
(2) In appointing a guardian under subsection (1) of this 19
section, the following rules apply: 20
(a) The court shall appoint a person nominated as guardian by a 21
parent of the minor in a probated will or other record unless the 22
court finds the appointment is contrary to the best interest of the 23
minor. Any "other record" must be a declaration or other sworn 24
document and may include a power of attorney or other sworn statement 25
as to the care, custody, or control of the minor child.26
(b) If multiple parents have nominated different persons to serve 27
as guardian, the court shall appoint the nominee whose appointment is 28
in the best interest of the minor, unless the court finds that 29
appointment of none of the nominees is in the best interest of the 30
minor. 31
(c) If a guardian is not appointed under (a) or (b) of this 32
subsection, the court shall appoint the person nominated by the minor 33
if the minor is twelve years of age or older unless the court finds 34
that appointment is contrary to the best interest of the minor. In 35
that case, the court shall appoint as guardian a person whose 36
appointment is in the best interest of the minor. 37
(3) In the interest of maintaining or encouraging involvement by 38
a minor's parent in the minor's life, developing self-reliance of the 39
p. 21 HB 1620
minor, or for other good cause, the court, at the time of appointment 1
of a guardian for the minor or later, on its own or on motion of the 2
minor or other interested person, may create a limited guardianship 3
by limiting the powers otherwise granted by this article to the 4
guardian. Following the same procedure, the court may grant 5
additional powers or withdraw powers previously granted.6
(4) The court, as part of an order appointing a guardian for a 7
minor, shall state rights retained by any parent of the minor, which 8
shall preserve the parent-child relationship through an order for 9
parent-child visitation and other contact, unless the court finds the 10
relationship should be limited or restricted under RCW 26.09.191 or 11
section 2 of this act ; and which may include decision making 12
regarding the minor's health care, education, or other matter, or 13
access to a record regarding the minor. 14
(5) An order granting a guardianship for a minor must state that 15
each parent of the minor is entitled to notice that:16
(a) The guardian has delegated custody of the minor subject to 17
guardianship; 18
(b) The court has modified or limited the powers of the guardian; 19
or 20
(c) The court has removed the guardian. 21
(6) An order granting a guardianship for a minor must identify 22
any person in addition to a parent of the minor which is entitled to 23
notice of the events listed in subsection (5) of this section.24
(7) An order granting guardianship for a minor must direct the 25
clerk of the court to issue letters of office to the guardian 26
containing an expiration date which should be the minor's eighteenth 27
birthday. 28
Sec. 4. RCW 26.09.187 and 2007 c 496 s 603 are each amended to 29
read as follows: 30
(1) DISPUTE RESOLUTION PROCESS. The court shall not order a 31
dispute resolution process, except court action, when it finds that 32
any limiting factor under RCW 26.09.191 or section 2 of this act 33
applies, or when it finds that either parent is unable to afford the 34
cost of the proposed dispute resolution process. If a dispute 35
resolution process is not precluded or limited, then in designating 36
such a process the court shall consider all relevant factors, 37
including: 38
p. 22 HB 1620
(a) Differences between the parents that would substantially 1
inhibit their effective participation in any designated process;2
(b) The parents' wishes or agreements and, if the parents have 3
entered into agreements, whether the agreements were made knowingly 4
and voluntarily; and 5
(c) Differences in the parents' financial circumstances that may 6
affect their ability to participate fully in a given dispute 7
resolution process. 8
(2) ALLOCATION OF DECISION-MAKING AUTHORITY. 9
(a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve 10
agreements of the parties allocating decision-making authority, or 11
specifying rules in the areas listed in RCW 26.09.184(5)(a), when it 12
finds that: 13
(i) The agreement is consistent with any limitations on a 14
parent's decision-making authority mandated by RCW 26.09.191 and 15
section 2 of this act; and 16
(ii) The agreement is knowing and voluntary. 17
(b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole 18
decision-making to one parent when it finds that: 19
(i) A limitation on the other parent's decision-making authority 20
is mandated by RCW 26.09.191 or section 2 of this act;21
(ii) Both parents are opposed to mutual decision making;22
(iii) One parent is opposed to mutual decision making, and such 23
opposition is reasonable based on the criteria in (c) of this 24
subsection. 25
(c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a) 26
and (b) of this subsection, the court shall consider the following 27
criteria in allocating decision-making authority: 28
(i) The existence of a limitation under RCW 26.09.191 or section 29
2 of this act; 30
(ii) The history of participation of each parent in decision 31
making in each of the areas in RCW 26.09.184(5)(a);32
(iii) Whether the parents have a demonstrated ability and desire 33
to cooperate with one another in decision making in each of the areas 34
in RCW 26.09.184(5)(a); and 35
(iv) The parents' geographic proximity to one another, to the 36
extent that it affects their ability to make timely mutual decisions.37
(3) RESIDENTIAL PROVISIONS. 38
(a) The court shall make residential provisions for each child 39
which encourage each parent to maintain a loving, stable, and 40
p. 23 HB 1620
nurturing relationship with the child, consistent with the child's 1
developmental level and the family's social and economic 2
circumstances. The child's residential schedule shall be consistent 3
with RCW 26.09.191 and section 2 of this act . Where the limitations 4
of RCW 26.09.191 or section 2 of this act are not dispositive of the 5
child's residential schedule, the court shall consider the following 6
factors: 7
(i) The relative strength, nature, and stability of the child's 8
relationship with each parent; 9
(ii) The agreements of the parties, provided they were entered 10
into knowingly and voluntarily; 11
(iii) Each parent's past and potential for future performance of 12
parenting functions as defined in RCW 26.09.004(((3))) (2), including 13
whether a parent has taken greater responsibility for performing 14
parenting functions relating to the daily needs of the child;15
(iv) The emotional needs and developmental level of the child;16
(v) The child's relationship with siblings and with other 17
significant adults, as well as the child's involvement with his or 18
her physical surroundings, school, or other significant activities;19
(vi) The wishes of the parents and the wishes of a child who is 20
sufficiently mature to express reasoned and independent preferences 21
as to his or her residential schedule; and 22
(vii) Each parent's employment schedule, and shall make 23
accommodations consistent with those schedules. 24
Factor (i) shall be given the greatest weight.25
(b) Where the limitations of RCW 26.09.191 or section 2 of this 26
act are not dispositive, the court may order that a child frequently 27
alternate his or her residence between the households of the parents 28
for brief and substantially equal intervals of time if such provision 29
is in the best interests of the child. In determining whether such an 30
arrangement is in the best interests of the child, the court may 31
consider the parties geographic proximity to the extent necessary to 32
ensure the ability to share performance of the parenting functions.33
(c) For any child, residential provisions may contain any 34
reasonable terms or conditions that facilitate the orderly and 35
meaningful exercise of residential time by a parent, including but 36
not limited to requirements of reasonable notice when residential 37
time will not occur. 38
p. 24 HB 1620
Sec. 5. RCW 26.09.194 and 2008 c 6 s 1045 are each amended to 1
read as follows: 2
(1) A parent seeking a temporary order relating to parenting 3
shall file and serve a proposed temporary parenting plan by motion. 4
The other parent, if contesting the proposed temporary parenting 5
plan, shall file and serve a responsive proposed parenting plan. 6
Either parent may move to have a proposed temporary parenting plan 7
entered as part of a temporary order. The parents may enter an agreed 8
temporary parenting plan at any time as part of a temporary order. 9
The proposed temporary parenting plan may be supported by relevant 10
evidence and shall be accompanied by an affidavit or declaration 11
which shall state at a minimum the following: 12
(a) The name, address, and length of residence with the person or 13
persons with whom the child has lived for the preceding twelve 14
months; 15
(b) The performance by each parent during the last twelve months 16
of the parenting functions relating to the daily needs of the child;17
(c) The parents' work and child-care schedules for the preceding 18
twelve months; 19
(d) The parents' current work and child-care schedules; and20
(e) Any of the circumstances set forth in RCW 26.09.191 or 21
section 2 of this act that are likely to pose a serious risk to the 22
child and that warrant limitation on the award to a parent of 23
temporary residence or time with the child pending entry of a 24
permanent parenting plan. 25
(2) At the hearing, the court shall enter a temporary parenting 26
order incorporating a temporary parenting plan which includes:27
(a) A schedule for the child's time with each parent when 28
appropriate; 29
(b) Designation of a temporary residence for the child;30
(c) Allocation of decision-making authority, if any. Absent 31
allocation of decision-making authority consistent with RCW 32
26.09.187(2), neither party shall make any decision for the child 33
other than those relating to day-to-day or emergency care of the 34
child, which shall be made by the party who is present with the 35
child; 36
(d) Provisions for temporary support for the child; and37
(e) Restraining orders, if applicable, under RCW 26.09.060.38
p. 25 HB 1620
(3) A parent may make a motion for an order to show cause and the 1
court may enter a temporary order, including a temporary parenting 2
plan, upon a showing of necessity. 3
(4) A parent may move for amendment of a temporary parenting 4
plan, and the court may order amendment to the temporary parenting 5
plan, if the amendment conforms to the limitations of RCW 26.09.191 6
and section 2 of this act and is in the best interest of the child.7
(5) If a proceeding for dissolution of marriage or dissolution of 8
domestic partnership, legal separation, or declaration of invalidity 9
is dismissed, any temporary order or temporary parenting plan is 10
vacated. 11
Sec. 6. RCW 26.09.260 and 2009 c 502 s 3 are each amended to 12
read as follows: 13
(1) Except as otherwise provided in subsections (4), (5), (6), 14
(8), and (10) of this section, the court shall not modify a prior 15
custody decree or a parenting plan unless it finds, upon the basis of 16
facts that have arisen since the prior decree or plan or that were 17
unknown to the court at the time of the prior decree or plan, that a 18
substantial change has occurred in the circumstances of the child or 19
the nonmoving party and that the modification is in the best interest 20
of the child and is necessary to serve the best interests of the 21
child. The effect of a parent's military duties potentially impacting 22
parenting functions shall not, by itself, be a substantial change of 23
circumstances justifying a permanent modification of a prior decree 24
or plan. 25
(2) In applying these standards, the court shall retain the 26
residential schedule established by the decree or parenting plan 27
unless: 28
(a) The parents agree to the modification; 29
(b) The child has been integrated into the family of the 30
petitioner with the consent of the other parent in substantial 31
deviation from the parenting plan; 32
(c) The child's present environment is detrimental to the child's 33
physical, mental, or emotional health and the harm likely to be 34
caused by a change of environment is outweighed by the advantage of a 35
change to the child; or 36
(d) The court has found the nonmoving parent in contempt of court 37
at least twice within three years because the parent failed to comply 38
with the residential time provisions in the court-ordered parenting 39
p. 26 HB 1620
plan, or the parent has been convicted of custodial interference in 1
the first or second degree under RCW 9A.40.060 or 9A.40.070.2
(3) A conviction of custodial interference in the first or second 3
degree under RCW 9A.40.060 or 9A.40.070 shall constitute a 4
substantial change of circumstances for the purposes of this section.5
(4) The court may reduce or restrict contact between the child 6
and the parent with whom the child does not reside a majority of the 7
time if it finds that the reduction or restriction would serve and 8
protect the best interests of the child using the criteria in RCW 9
26.09.191 and section 2 of this act. 10
(5) The court may order adjustments to the residential aspects of 11
a parenting plan upon a showing of a substantial change in 12
circumstances of either parent or of the child, and without 13
consideration of the factors set forth in subsection (2) of this 14
section, if the proposed modification is only a minor modification in 15
the residential schedule that does not change the residence the child 16
is scheduled to reside in the majority of the time and:17
(a) Does not exceed twenty-four full days in a calendar year; or18
(b) Is based on a change of residence of the parent with whom the 19
child does not reside the majority of the time or an involuntary 20
change in work schedule by a parent which makes the residential 21
schedule in the parenting plan impractical to follow; or22
(c) Does not result in a schedule that exceeds ninety overnights 23
per year in total, if the court finds that, at the time the petition 24
for modification is filed, the decree of dissolution or parenting 25
plan does not provide reasonable time with the parent with whom the 26
child does not reside a majority of the time, and further, the court 27
finds that it is in the best interests of the child to increase 28
residential time with the parent in excess of the residential time 29
period in (a) of this subsection. However, any motion under this 30
subsection (5)(c) is subject to the factors established in subsection 31
(2) of this section if the party bringing the petition has previously 32
been granted a modification under this same subsection within twenty-33
four months of the current motion. Relief granted under this section 34
shall not be the sole basis for adjusting or modifying child support.35
(6) The court may order adjustments to the residential aspects of 36
a parenting plan pursuant to a proceeding to permit or restrain a 37
relocation of the child. The person objecting to the relocation of 38
the child or the relocating person's proposed revised residential 39
schedule may file a petition to modify the parenting plan, including 40
p. 27 HB 1620
a change of the residence in which the child resides the majority of 1
the time, without a showing of adequate cause other than the proposed 2
relocation itself. A hearing to determine adequate cause for 3
modification shall not be required so long as the request for 4
relocation of the child is being pursued. In making a determination 5
of a modification pursuant to relocation of the child, the court 6
shall first determine whether to permit or restrain the relocation of 7
the child using the procedures and standards provided in RCW 8
26.09.405 through 26.09.560. Following that determination, the court 9
shall determine what modification pursuant to relocation should be 10
made, if any, to the parenting plan or custody order or visitation 11
order. 12
(7) A parent with whom the child does not reside a majority of 13
the time and whose residential time with the child is subject to 14
limitations pursuant to RCW 26.09.191 (((2) or (3))) or section 2 of 15
this act may not seek expansion of residential time under subsection 16
(5)(c) of this section unless that parent demonstrates a substantial 17
change in circumstances specifically related to the basis for the 18
limitation. 19
(8)(a) If a parent with whom the child does not reside a majority 20
of the time voluntarily fails to exercise residential time for an 21
extended period, that is, one year or longer, the court upon proper 22
motion may make adjustments to the parenting plan in keeping with the 23
best interests of the minor child. 24
(b) For the purposes of determining whether the parent has failed 25
to exercise residential time for one year or longer, the court may 26
not count any time periods during which the parent did not exercise 27
residential time due to the effect of the parent's military duties 28
potentially impacting parenting functions. 29
(9) A parent with whom the child does not reside a majority of 30
the time who is required by the existing parenting plan to complete 31
evaluations, treatment, parenting, or other classes may not seek 32
expansion of residential time under subsection (5)(c) of this section 33
unless that parent has fully complied with such requirements.34
(10) The court may order adjustments to any of the nonresidential 35
aspects of a parenting plan upon a showing of a substantial change of 36
circumstances of either parent or of a child, and the adjustment is 37
in the best interest of the child. Adjustments ordered under this 38
section may be made without consideration of the factors set forth in 39
subsection (2) of this section. 40
p. 28 HB 1620
(11) If the parent with whom the child resides a majority of the 1
time receives temporary duty, deployment, activation, or mobilization 2
orders from the military that involve moving a substantial distance 3
away from the parent's residence or otherwise would have a material 4
effect on the parent's ability to exercise parenting functions and 5
primary placement responsibilities, then: 6
(a) Any temporary custody order for the child during the parent's 7
absence shall end no later than ten days after the returning parent 8
provides notice to the temporary custodian, but shall not impair the 9
discretion of the court to conduct an expedited or emergency hearing 10
for resolution of the child's residential placement upon return of 11
the parent and within ten days of the filing of a motion alleging an 12
immediate danger of irreparable harm to the child. If a motion 13
alleging immediate danger has not been filed, the motion for an order 14
restoring the previous residential schedule shall be granted; and15
(b) The temporary duty, activation, mobilization, or deployment 16
and the temporary disruption to the child's schedule shall not be a 17
factor in a determination of change of circumstances if a motion is 18
filed to transfer residential placement from the parent who is a 19
military service member. 20
(12) If a parent receives military temporary duty, deployment, 21
activation, or mobilization orders that involve moving a substantial 22
distance away from the military parent's residence or otherwise have 23
a material effect on the military parent's ability to exercise 24
residential time or visitation rights, at the request of the military 25
parent, the court may delegate the military parent's residential time 26
or visitation rights, or a portion thereof, to a child's family 27
member, including a stepparent, or another person other than a 28
parent, with a close and substantial relationship to the minor child 29
for the duration of the military parent's absence, if delegating 30
residential time or visitation rights is in the child's best 31
interest. The court may not permit the delegation of residential time 32
or visitation rights to a person who would be subject to limitations 33
on residential time under RCW 26.09.191 or section 2 of this act . The 34
parties shall attempt to resolve disputes regarding delegation of 35
residential time or visitation rights through the dispute resolution 36
process specified in their parenting plan, unless excused by the 37
court for good cause shown. Such a court -ordered temporary delegation 38
of a military parent's residential time or visitation rights does not 39
p. 29 HB 1620
create separate rights to residential time or visitation for a person 1
other than a parent. 2
(13) If the court finds that a motion to modify a prior decree or 3
parenting plan has been brought in bad faith, the court shall assess 4
the attorney's fees and court costs of the nonmoving parent against 5
the moving party. 6
Sec. 7. RCW 26.09.520 and 2019 c 79 s 3 are each amended to read 7
as follows: 8
The person proposing to relocate with the child shall provide his 9
or her reasons for the intended relocation. There is a rebuttable 10
presumption that the intended relocation of the child will be 11
permitted. A person entitled to object to the intended relocation of 12
the child may rebut the presumption by demonstrating that the 13
detrimental effect of the relocation outweighs the benefit of the 14
change to the child and the relocating person, based upon the 15
following factors. The factors listed in this section are not 16
weighted. No inference is to be drawn from the order in which the 17
following factors are listed: 18
(1) The relative strength, nature, quality, extent of 19
involvement, and stability of the child's relationship with each 20
parent, siblings, and other significant persons in the child's life;21
(2) Prior agreements of the parties; 22
(3) Whether disrupting the contact between the child and the 23
person seeking relocation would be more detrimental to the child than 24
disrupting contact between the child and the person objecting to the 25
relocation; 26
(4) Whether either parent or a person entitled to residential 27
time with the child is subject to limitations under RCW 26.09.191 or 28
section 2 of this act; 29
(5) The reasons of each person for seeking or opposing the 30
relocation and the good faith of each of the parties in requesting or 31
opposing the relocation; 32
(6) The age, developmental stage, and needs of the child, and the 33
likely impact the relocation or its prevention will have on the 34
child's physical, educational, and emotional development, taking into 35
consideration any special needs of the child; 36
(7) The quality of life, resources, and opportunities available 37
to the child and to the relocating party in the current and proposed 38
geographic locations; 39
p. 30 HB 1620
(8) The availability of alternative arrangements to foster and 1
continue the child's relationship with and access to the other 2
parent; 3
(9) The alternatives to relocation and whether it is feasible and 4
desirable for the other party to relocate also; 5
(10) The financial impact and logistics of the relocation or its 6
prevention; and 7
(11) For a temporary order, the amount of time before a final 8
decision can be made at trial. 9
Sec. 8. RCW 26.12.177 and 2011 c 292 s 7 are each amended to 10
read as follows: 11
(1) All guardians ad litem appointed under this title must comply 12
with the training requirements established under RCW 2.56.030(15), 13
prior to their appointment in cases under Title 26 RCW, except that 14
volunteer guardians ad litem or court-appointed special advocates may 15
comply with alternative training requirements approved by the 16
administrative office of the courts that meet or exceed the statewide 17
requirements. In cases involving allegations of limiting factors 18
under RCW 26.09.191 or section 2 of this act , the guardians ad litem 19
appointed under this title must have additional relevant training 20
under RCW 2.56.030(15) when it is available. 21
(2)(a) Each guardian ad litem program for compensated guardians 22
ad litem shall establish a rotational registry system for the 23
appointment of guardians ad litem under this title. If a judicial 24
district does not have a program the court shall establish the 25
rotational registry system. Guardians ad litem under this title shall 26
be selected from the registry except in exceptional circumstances as 27
determined and documented by the court. The parties may make a joint 28
recommendation for the appointment of a guardian ad litem from the 29
registry. 30
(b) In judicial districts with a population over one hundred 31
thousand, a list of three names shall be selected from the registry 32
and given to the parties along with the background information record 33
as specified in RCW 26.12.175(3), including their hourly rate for 34
services. Each party may, within three judicial days, strike one name 35
from the list. If more than one name remains on the list, the court 36
shall make the appointment from the names on the list. In the event 37
all three names are stricken the person whose name appears next on 38
the registry shall be appointed. 39
p. 31 HB 1620
(c) If a party reasonably believes that the appointed guardian ad 1
litem is inappropriate or unqualified, charges an hourly rate higher 2
than what is reasonable for the particular proceeding, or has a 3
conflict of interest, the party may, within three judicial days from 4
the appointment, move for substitution of the appointed guardian ad 5
litem by filing a motion with the court. 6
(d) Under this section, within either registry referred to in (a) 7
of this subsection, a subregistry may be created that consists of 8
guardians ad litem under contract with the department of social and 9
health services' division of child support. Guardians ad litem on 10
such a subregistry shall be selected and appointed in state-initiated 11
paternity cases only. 12
(e) The superior court shall remove any person from the guardian 13
ad litem registry who has been found to have misrepresented his or 14
her qualifications. 15
(3) The rotational registry system shall not apply to court-16
appointed special advocate programs. 17
Sec. 9. RCW 26.51.020 and 2021 c 215 s 143 and 2021 c 65 s 103 18
are each reenacted and amended to read as follows:19
The definitions in this section apply throughout this chapter 20
unless the context clearly requires otherwise. 21
(1) "Abusive litigation" means litigation where the following 22
apply: 23
(a)(i) The opposing parties have a current or former intimate 24
partner relationship; 25
(ii) The party who is filing, initiating, advancing, or 26
continuing the litigation has been found by a court to have committed 27
domestic violence against the other party pursuant to: (A) An order 28
entered under chapter 7.105 RCW or former chapter 26.50 RCW; (B) a 29
parenting plan with restrictions based on RCW 30
26.09.191(((2)(a)(iii))) (4)(a)(iii); or (C) a restraining order 31
entered under chapter 26.09, 26.26A, or 26.26B RCW, provided that the 32
issuing court made a specific finding that the restraining order was 33
necessary due to domestic violence; and 34
(iii) The litigation is being initiated, advanced, or continued 35
primarily for the purpose of harassing, intimidating, or maintaining 36
contact with the other party; and 37
(b) At least one of the following factors apply:38
p. 32 HB 1620
(i) Claims, allegations, and other legal contentions made in the 1
litigation are not warranted by existing law or by a reasonable 2
argument for the extension, modification, or reversal of existing 3
law, or the establishment of new law; 4
(ii) Allegations and other factual contentions made in the 5
litigation are without the existence of evidentiary support; or6
(iii) An issue or issues that are the basis of the litigation 7
have previously been filed in one or more other courts or 8
jurisdictions and the actions have been litigated and disposed of 9
unfavorably to the party filing, initiating, advancing, or continuing 10
the litigation. 11
(2) "Intimate partner" is defined in RCW 7.105.010.12
(3) "Litigation" means any kind of legal action or proceeding 13
including, but not limited to: (a) Filing a summons, complaint, 14
demand, or petition; (b) serving a summons, complaint, demand, or 15
petition, regardless of whether it has been filed; (c) filing a 16
motion, notice of court date, note for motion docket, or order to 17
appear; (d) serving a motion, notice of court date, note for motion 18
docket, or order to appear, regardless of whether it has been filed 19
or scheduled; (e) filing a subpoena, subpoena duces tecum, request 20
for interrogatories, request for production, notice of deposition, or 21
other discovery request; or (f) serving a subpoena, subpoena duces 22
tecum, request for interrogatories, request for production, notice of 23
deposition, or other discovery request. 24
(4) "Perpetrator of abusive litigation" means a person who files, 25
initiates, advances, or continues litigation in violation of an order 26
restricting abusive litigation. 27
--- END ---
p. 33 HB 1620