Lost parenting time

AN ACT Relating to restoring parenting time lost due to unfounded 1
allegations of child abuse or neglect made by one parent against the 2
other; amending RCW 26.09.260, 26.09.191, and 26.44.100; adding a new 3
section to chapter 26.09 RCW; and adding a new section to chapter 4
2.56 RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 26.09 7
RCW to read as follows: 8
(1) For the purposes of this section: 9
(a) "Alleging parent" means a parent who makes an allegation of 10
child abuse or neglect against the denied parent; 11
(b) "Denied parent" means a parent whose court-ordered 12
residential time under a parenting plan was temporarily reduced, 13
suspended, denied, or restricted, in whole or in part, due to an 14
allegation of child abuse or neglect that: (i) Was made by the 15
alleging parent; (ii) triggered an investigation, protective order, 16
or emergency custody action; and (iii) subsequently resulted in an 17
unfounded outcome; 18
(c) "Unfounded outcome" means: 19
(i) A closure, screening out, unfounded finding, or other 20
disposition of a report of child abuse or neglect by the department 21
H-3024.1
HOUSE BILL 2596
State of Washington 69th Legislature 2026 Regular Session
By Representatives McClintock and Ley
Read first time 01/20/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2596
of children, youth, and families under chapter 26.44 RCW that does 1
not result in a founded finding of child abuse or neglect; or2
(ii) A determination by law enforcement that an allegation of 3
child abuse or neglect lacks probable cause or does not warrant 4
further investigation. 5
(2) A denied parent may file a motion to initiate an action for 6
restoration of residential time lost by the denied parent due to an 7
allegation of child abuse or neglect that was made by the alleging 8
parent and subsequently resulted in an unfounded outcome. The denied 9
parent may not be charged a filing fee for bringing the motion 10
pursuant to this section. 11
(3) The hearing on the motion brought pursuant to this section 12
must be heard no later than 20 days after the motion is filed.13
(4) If the court finds that the denied parent has provided 14
sufficient proof that the allegation of child abuse or neglect was 15
unfounded, the court shall enter an order restoring the denied 16
parent's full residential time with the child and providing the 17
denied parent additional time with the child. The additional time 18
must be equal to the time lost with the child due to the unfounded 19
allegation of child abuse or neglect. 20
(5) The court may award the denied parent additional time with 21
the child equal to double the time lost due to the allegation and 22
investigation if the court finds: 23
(a) By the preponderance of the evidence that the unfounded 24
allegation of child abuse or neglect was made solely for the purpose 25
of interfering with the denied parent's residential time with the 26
child; and 27
(b) That awarding the denied parent double the time lost is in 28
the best interest of the child. 29
(6) The restoration order must allocate the restored and 30
additional time, including doubled time, if any, proportionally 31
across weekends, holidays, school breaks, overnights, and special 32
occasions to replicate the original residential schedule. Doubled 33
time must be allocated so as to be completed no later than within 12 34
months following the entry of the restoration order.35
(7) If the court enters a restoration order under this section, 36
the court shall award the denied parent all reasonable attorneys' 37
fees, expert fees, court costs, travel expenses, and lost wages 38
incurred in bringing a restoration motion under this section, 39
assessed against the alleging parent. 40
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(8)(a) A denied parent may bring a motion to initiate a contempt 1
action to coerce the alleging parent to comply with a restoration 2
order entered under this section. 3
(b) If the court finds there is reasonable cause to believe that 4
the alleging parent has not complied with the order, the court may 5
issue an order to show cause why the relief requested should not be 6
granted. 7
(c) If, after a hearing on the matter and based on all the facts 8
and circumstances, the court finds that the alleging parent, in bad 9
faith, has not complied with the restoration order, the court shall 10
find the alleging parent in contempt of court. 11
(d) Upon a finding of contempt, the court shall order the 12
alleging parent: 13
(i) To provide the denied parent additional time with the child 14
equal to the time missed due to the alleging parent's noncompliance;15
(ii) To pay to the denied parent all court costs, reasonable 16
attorneys' fees, and other reasonable expenses incurred as a result 17
of noncompliance; and 18
(iii) To pay to the denied parent a civil penalty of not less 19
than $100 and not more than $500 per day of time with the child lost 20
due to the alleging parent's noncompliance. 21
(e) The court may also order the alleging parent to be imprisoned 22
in the county jail, if the alleging parent is presently able to 23
comply with the provisions of the restoration order and is presently 24
unwilling to comply. The alleging parent may be imprisoned until he 25
or she agrees to comply with the order, but in no event for more than 26
30 days. 27
Sec. 2. RCW 26.09.260 and 2025 c 166 s 6 are each amended to 28
read as follows: 29
(1) Except as otherwise provided in subsections (4), (5), (6), 30
(8), and (10) of this section, the court shall not modify a prior 31
custody decree or a parenting plan unless it finds, upon the basis of 32
facts that have arisen since the prior decree or plan or that were 33
unknown to the court at the time of the prior decree or plan, that a 34
substantial change has occurred in the circumstances of the child or 35
the nonmoving party and that the modification is in the best interest 36
of the child and is necessary to serve the best interests of the 37
child. The effect of a parent's military duties potentially impacting 38
parenting functions shall not, by itself, be a substantial change of 39
p. 3 HB 2596
circumstances justifying a permanent modification of a prior decree 1
or plan. 2
(2) In applying these standards, the court shall retain the 3
residential schedule established by the decree or parenting plan 4
unless: 5
(a) The parents agree to the modification; 6
(b) The child has been integrated into the family of the 7
petitioner with the consent of the other parent in substantial 8
deviation from the parenting plan; 9
(c) The child's present environment is detrimental to the child's 10
physical, mental, or emotional health and the harm likely to be 11
caused by a change of environment is outweighed by the advantage of a 12
change to the child; or 13
(d) The court has found the nonmoving parent in contempt of court 14
at least twice within three years because the parent failed to comply 15
with the residential time provisions in the court-ordered parenting 16
plan, or the parent has been convicted of custodial interference in 17
the first or second degree under RCW 9A.40.060 or 9A.40.070.18
(3) A conviction of custodial interference in the first or second 19
degree under RCW 9A.40.060 or 9A.40.070 shall constitute a 20
substantial change of circumstances for the purposes of this section.21
(4) The court may reduce or restrict contact between the child 22
and the parent with whom the child does not reside a majority of the 23
time if it finds that the reduction or restriction would serve and 24
protect the best interests of the child using the criteria in RCW 25
26.09.191 and 26.09.192. 26
(5) The court may order adjustments to the residential aspects of 27
a parenting plan upon a showing of a substantial change in 28
circumstances of either parent or of the child, and without 29
consideration of the factors set forth in subsection (2) of this 30
section, if the proposed modification is only a minor modification in 31
the residential schedule that does not change the residence the child 32
is scheduled to reside in the majority of the time and:33
(a) Does not exceed twenty-four full days in a calendar year; or34
(b) Is based on a change of residence of the parent with whom the 35
child does not reside the majority of the time or an involuntary 36
change in work schedule by a parent which makes the residential 37
schedule in the parenting plan impractical to follow; or38
(c) Does not result in a schedule that exceeds ninety overnights 39
per year in total, if the court finds that, at the time the petition 40
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for modification is filed, the decree of dissolution or parenting 1
plan does not provide reasonable time with the parent with whom the 2
child does not reside a majority of the time, and further, the court 3
finds that it is in the best interests of the child to increase 4
residential time with the parent in excess of the residential time 5
period in (a) of this subsection. However, any motion under this 6
subsection (5)(c) is subject to the factors established in subsection 7
(2) of this section if the party bringing the petition has previously 8
been granted a modification under this same subsection within twenty-9
four months of the current motion. Relief granted under this section 10
shall not be the sole basis for adjusting or modifying child support.11
(6) The court may order adjustments to the residential aspects of 12
a parenting plan pursuant to a proceeding to permit or restrain a 13
relocation of the child. The person objecting to the relocation of 14
the child or the relocating person's proposed revised residential 15
schedule may file a petition to modify the parenting plan, including 16
a change of the residence in which the child resides the majority of 17
the time, without a showing of adequate cause other than the proposed 18
relocation itself. A hearing to determine adequate cause for 19
modification shall not be required so long as the request for 20
relocation of the child is being pursued. In making a determination 21
of a modification pursuant to relocation of the child, the court 22
shall first determine whether to permit or restrain the relocation of 23
the child using the procedures and standards provided in RCW 24
26.09.405 through 26.09.560. Following that determination, the court 25
shall determine what modification pursuant to relocation should be 26
made, if any, to the parenting plan or custody order or visitation 27
order. 28
(7) A parent with whom the child does not reside a majority of 29
the time and whose residential time with the child is subject to 30
limitations pursuant to RCW 26.09.191 or 26.09.192 may not seek 31
expansion of residential time under subsection (5)(c) of this section 32
unless that parent demonstrates a substantial change in circumstances 33
specifically related to the basis for the limitation.34
(8)(a) If a parent with whom the child does not reside a majority 35
of the time voluntarily fails to exercise residential time for an 36
extended period, that is, one year or longer, the court upon proper 37
motion may make adjustments to the parenting plan in keeping with the 38
best interests of the minor child. 39
p. 5 HB 2596
(b) For the purposes of determining whether the parent has failed 1
to exercise residential time for one year or longer, the court may 2
not count any time periods during which the parent did not exercise 3
residential time due to the effect of the parent's military duties 4
potentially impacting parenting functions. 5
(9) A parent with whom the child does not reside a majority of 6
the time who is required by the existing parenting plan to complete 7
evaluations, treatment, parenting, or other classes may not seek 8
expansion of residential time under subsection (5)(c) of this section 9
unless that parent has fully complied with such requirements.10
(10) The court may order adjustments to any of the nonresidential 11
aspects of a parenting plan upon a showing of a substantial change of 12
circumstances of either parent or of a child, and the adjustment is 13
in the best interest of the child. Adjustments ordered under this 14
section may be made without consideration of the factors set forth in 15
subsection (2) of this section. 16
(11) If the parent with whom the child resides a majority of the 17
time receives temporary duty, deployment, activation, or mobilization 18
orders from the military that involve moving a substantial distance 19
away from the parent's residence or otherwise would have a material 20
effect on the parent's ability to exercise parenting functions and 21
primary placement responsibilities, then: 22
(a) Any temporary custody order for the child during the parent's 23
absence shall end no later than ten days after the returning parent 24
provides notice to the temporary custodian, but shall not impair the 25
discretion of the court to conduct an expedited or emergency hearing 26
for resolution of the child's residential placement upon return of 27
the parent and within ten days of the filing of a motion alleging an 28
immediate danger of irreparable harm to the child. If a motion 29
alleging immediate danger has not been filed, the motion for an order 30
restoring the previous residential schedule shall be granted; and31
(b) The temporary duty, activation, mobilization, or deployment 32
and the temporary disruption to the child's schedule shall not be a 33
factor in a determination of change of circumstances if a motion is 34
filed to transfer residential placement from the parent who is a 35
military service member. 36
(12) If a parent receives military temporary duty, deployment, 37
activation, or mobilization orders that involve moving a substantial 38
distance away from the military parent's residence or otherwise have 39
a material effect on the military parent's ability to exercise 40
p. 6 HB 2596
residential time or visitation rights, at the request of the military 1
parent, the court may delegate the military parent's residential time 2
or visitation rights, or a portion thereof, to a child's family 3
member, including a stepparent, or another person other than a 4
parent, with a close and substantial relationship to the minor child 5
for the duration of the military parent's absence, if delegating 6
residential time or visitation rights is in the child's best 7
interest. The court may not permit the delegation of residential time 8
or visitation rights to a person who would be subject to limitations 9
on residential time under RCW 26.09.191 or 26.09.192. The parties 10
shall attempt to resolve disputes regarding delegation of residential 11
time or visitation rights through the dispute resolution process 12
specified in their parenting plan, unless excused by the court for 13
good cause shown. Such a court -ordered temporary delegation of a 14
military parent's residential time or visitation rights does not 15
create separate rights to residential time or visitation for a person 16
other than a parent. 17
(13) If the court finds that a motion to modify a prior decree or 18
parenting plan has been brought in bad faith, the court shall assess 19
the attorney's fees and court costs of the nonmoving parent against 20
the moving party. 21
(14) A substantial change of circumstances exists where an 22
allegation of child abuse or neglect by one parent against the other 23
parent results in an unfounded outcome, as defined in section 1 of 24
this act. If a denied parent, as defined in section 1 of this act, 25
brings a motion to modify the parenting plan, the court must presume 26
that full restoration or expansion of residential time with the 27
denied parent is in the child's best interests. This presumption is 28
rebuttable only by clear and convincing evidence of serious 29
endangerment to the child's physical or psychological well-being. The 30
court must hear the motion to modify a parenting plan brought by a 31
denied parent within 30 days of filing.32
Sec. 3. RCW 26.09.191 and 2025 c 166 s 1 are each amended to 33
read as follows: 34
(1) PURPOSE. Parents are responsible for protecting and 35
preserving the health and well-being of their minor children. When a 36
parent acts contrary to the health and well-being of the parent's 37
child, or engages in conduct that creates an unreasonable risk of 38
harm to a child, the court may, and in some situations must, impose 39
p. 7 HB 2596
limitations intended to protect the child from harm as described in 1
this section and RCW 26.09.192. 2
(2) GENERAL CONSIDERATIONS. 3
(a) In entering a permanent parenting plan, the court shall not 4
draw any presumptions from the provisions of the temporary parenting 5
plan. 6
(b) The weight given to the existence of a protection order 7
issued under chapter 7.105 RCW or former chapter 26.50 RCW as to 8
domestic violence is within the discretion of the court.9
(c) In determining whether any of the conduct described in this 10
section or RCW 26.09.192 has occurred, the court shall apply the 11
rules of evidence and civil procedure except where the parties have 12
opted for an informal family law trial pursuant to state or local 13
court rules. 14
(3) DEFINITIONS. The definitions in this subsection apply 15
throughout this section and RCW 26.09.192 unless the context clearly 16
requires otherwise. 17
(a) "Abusive use of conflict" refers to a party engaging in 18
ongoing and deliberate actions to misuse conflict. This includes, but 19
is not limited to: (i) Repeated bad faith violations of court orders 20
regarding the child or the protection of the child or other parent; 21
(ii) credible threats of physical, emotional, or financial harm to 22
the other parent or to family, friends, or professionals providing 23
support to the child or other parent; (iii) intentional use of the 24
child in conflict; or (iv) abusive litigation as defined in RCW 25
26.51.020. Litigation that is aggressive or improper but does not 26
meet the definition of abusive litigation shall not constitute a 27
basis for finding abusive use of conflict under this section. 28
Protective actions as defined in this section shall not constitute a 29
basis for a finding of abusive use of conflict. 30
(b) "Child" shall also mean "children." 31
(c) "Knowingly" means knows or reasonably should know.32
(d) "Parenting functions" has the same meaning as in RCW 33
26.09.004. 34
(e) "Protective actions" are actions taken by a parent in good 35
faith for the purpose of protecting themselves or the parent's child 36
from the risk of harm posed by the other parent. "Protective actions" 37
can include, but are not limited to: (i) Reports or complaints 38
regarding physical, sexual, or mental abuse of a child or child 39
neglect to an individual or entity connected to the provision of care 40
p. 8 HB 2596
or safety of the child such as law enforcement, medical 1
professionals, therapists, schools, day cares, or child protective 2
services; (ii) seeking court orders changing residential time; or 3
(iii) petitions for protection or restraining orders.4
(f) "Sex offense against a child" means any of the following 5
offenses involving a child victim: (i) Any sex offense as defined in 6
RCW 9.94A.030; (ii) any offense with a finding of sexual motivation; 7
(iii) any offense in violation of chapter 9A.44 RCW other than RCW 8
9A.44.132; (iv) any offense involving the sexual abuse of a minor, 9
including any offense under chapter 9.68A RCW; or (v) any federal or 10
out-of-state offense comparable to any offense under (f)(i) through 11
(iv) of this subsection. 12
(g) "Social worker" means a person with a master's degree or 13
further advanced degree from a social work educational program 14
accredited and approved as provided in RCW 18.320.010.15
(h) "Willful abandonment" has occurred when the child's parent 16
has expressed, either by statement or conduct, an intent to forego, 17
for an extended period, parental rights or responsibilities despite 18
an ability to exercise such rights and responsibilities. "Willful 19
abandonment" does not include a parent who has been unable to see the 20
child due to circumstances that include, but are not limited to: 21
Incarceration, deportation, inpatient treatment, medical emergency, 22
fleeing to an emergency shelter or domestic violence shelter, or 23
withholding of the child by the other parent. 24
(4) RESIDENTIAL TIME LIMITATIONS. 25
(a) PARENTAL CONDUCT REQUIRING LIMITS ON A PARENT'S RESIDENTIAL 26
TIME. A parent's residential time with the parent's child shall be 27
limited if it is found that a parent has engaged in any of the 28
following conduct: 29
(i) Willful abandonment that continues for an extended period of 30
time; 31
(ii) Physical abuse or a pattern of emotional abuse of a child;32
(iii) A history of acts of domestic violence as defined in RCW 33
7.105.010, an assault that causes grievous bodily harm or the fear of 34
such harm, or any sexual assault; or 35
(iv) Sexual abuse of a child. Required limitations and 36
considerations for a parent who has been convicted of a sex offense 37
against a child or found to have sexually abused a child in the 38
current case or a prior case are addressed in RCW 26.09.192.39
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(b) PARENT RESIDING WITH A PERSON WHOSE CONDUCT REQUIRES 1
RESIDENTIAL TIME LIMITATIONS. A parent's residential time with the 2
child shall be limited if it is found that the parent knowingly 3
resides with a person who has engaged in any of the following 4
conduct: 5
(i) Physical abuse or a pattern of emotional abuse of a child;6
(ii) A history of acts of domestic violence as defined in RCW 7
7.105.010, an assault that causes grievous bodily harm or the fear of 8
such harm, or any sexual assault; or 9
(iii) Sexual abuse of a child. Required limitations and 10
considerations on a parent who resides with someone convicted of a 11
sex offense against a child or found to have sexually abused a child 12
in the current case or a prior case are addressed in RCW 26.09.192.13
(c) PARENTAL CONDUCT THAT MAY RESULT IN LIMITATIONS ON A PARENT'S 14
RESIDENTIAL TIME. A parent's involvement or conduct may have an 15
adverse effect on the child's best interests, and the court may 16
preclude or limit any provisions of the parenting plan, if any of the 17
following factors exist: 18
(i) A parent's neglect or substantial nonperformance of parenting 19
functions; 20
(ii) A long-term emotional or physical impairment that interferes 21
with the parent's performance of parenting functions;22
(iii) A long-term impairment resulting from drug, alcohol, or 23
other substance abuse that interferes with the performance of 24
parenting functions; 25
(iv) The absence or substantial impairment of emotional ties 26
between the parent and the child; 27
(v) A parent has engaged in the abusive use of conflict which 28
creates the danger of serious damage to the child's psychological 29
development; 30
(vi) A parent has withheld from the other parent access to the 31
child for a protracted period without good cause. Withholding does 32
not include protective actions taken by a parent in good faith for 33
the legitimate and lawful purpose of protecting themselves or the 34
parent's child from the risk of harm posed by the other parent; 35
((or))36
(vii) A parent has made one or more knowingly false allegations 37
of child abuse or neglect against the other parent for the purpose of 38
interfering with the other parent's residential time or to gain 39
advantage in parenting plan proceedings; or40
p. 10 HB 2596
(viii) Such other factors or conduct as the court expressly finds 1
adverse to the best interests of the child. 2
(d) LIMITATIONS A COURT MAY IMPOSE ON A PARENT'S RESIDENTIAL 3
TIME. The limitations that may be imposed by the court under this 4
section shall be reasonably calculated to protect a child from the 5
physical, sexual, or emotional abuse or harm that could result if a 6
child has contact with the parent requesting residential time. The 7
limitations shall also be reasonably calculated to provide for the 8
safety of the parent who may be at risk of physical, sexual, or 9
emotional abuse or harm that could result if the parent has contact 10
with the other parent. The limitations the court may impose include, 11
but are not limited to: 12
(i) SUPERVISED VISITATION. A court may, in its discretion, order 13
supervised contact between a child and the parent.14
(A) If the court requires supervised visitation, there is a 15
presumption that the supervision shall be provided by a professional 16
supervisor. This presumption is overcome if the court finds: (I) 17
There is a lay person who has demonstrated through sworn testimony 18
and evidence of past interactions with children that they are capable 19
and committed to protecting the child from physical or emotional 20
abuse or harm; and (II) the parent is unable to access professional 21
supervision due to (1) geographic isolation or other factors that 22
would make professionally supervised visitation inaccessible or (2) 23
financial indigency that has been demonstrated by a general rule 34 24
waiver or other evidence that the parent's current income and 25
necessary expenses do not allow for the cost of professional 26
supervision. 27
(B) For all supervision, the court shall include clear written 28
guidelines and prohibitions to be followed by the supervised party. 29
No visits shall take place until the supervised parent and 30
supervisor, or designated representative of a professional 31
supervision program, have signed an acknowledgment confirming that 32
they have read the court orders and the guidelines and prohibitions 33
regarding visitation and agree to follow them. The court shall only 34
permit supervision by an individual or program that is committed to 35
protecting the child from any physical or emotional abuse or harm and 36
is willing and capable of intervening in behaviors inconsistent with 37
the court orders and guidelines. 38
(C) A parent may seek an emergency ex parte order temporarily 39
suspending residential time until review by the court if: (I) The 40
p. 11 HB 2596
supervised parent repeatedly violates the court order or guidelines; 1
(II) the supervised parent threatens the supervisor or child with 2
physical harm, commits an act of domestic violence, or materially 3
violates any treatment condition associated with any restrictions 4
under this section (a missed counseling appointment does not 5
constitute a violation); (III) the supervisor is unable or unwilling 6
to protect the child and/or the protected parent; or (IV) the 7
supervisor is no longer willing to provide service to the supervised 8
parent. The court suspending residential time shall set a review 9
hearing to take place within 14 days of entering the ex parte order.10
(ii) EVALUATION OR TREATMENT. The court may order a parent to 11
undergo evaluations for such issues as domestic violence 12
perpetration, substance use disorder, mental health, or anger 13
management, with collateral input provided from the other parent. Any 14
evaluation report that does not include collateral input must provide 15
details as to why and the attempts made to obtain collateral input.16
(A) The court may also order that a parent complete treatment for 17
any of these issues if the need for treatment is supported by the 18
evidence and the evidence supports a finding that the issue 19
interferes with parenting functions. 20
(B) A parent's residential time and decision-making authority may 21
be conditioned on the parent's completion of an evaluation or 22
treatment ordered by the court. 23
(iii) NO CONTACT. If, based on the evidence, the court expressly 24
finds that limitations on the residential time with a child will not 25
adequately protect a child from the harm or abuse that could result 26
if a child has contact with the parent requesting residential time, 27
the court shall restrain the parent requesting residential time from 28
all contact with a child. 29
(5) LIMITATIONS ON DECISION MAKING AND DISPUTE RESOLUTION. Except 30
for circumstances provided in subsection (6)(b) of this section, the 31
court shall order sole decision making and no dispute resolution 32
other than court action if it is found that a parent has engaged in 33
any of the following conduct: 34
(a) Willful abandonment that continues for an extended period;35
(b) Physical, sexual, or a pattern of emotional abuse of a child;36
(c) A history of acts of domestic violence as defined in RCW 37
7.105.010; or 38
(d) An assault that causes grievous bodily harm or the fear of 39
such harm or any sexual assault. 40
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(6) DETERMINATION NOT TO IMPOSE LIMITATIONS. 1
(a) If the court makes express written findings based on clear 2
and convincing evidence that contact between the parent and the child 3
will not cause physical, sexual, or emotional abuse or harm to the 4
child and that the probability that the parent's or other person's 5
harmful or abusive conduct will recur is so remote that it would not 6
be in the child's best interests to apply limitations to residential 7
time under subsection (4) of this section, then the court need not 8
apply the limitations of subsection (4) of this section. This 9
subsection shall not apply to findings of sexual abuse which are 10
governed by RCW 26.09.192. 11
(b) If the court makes express written findings based on clear 12
and convincing evidence that it would be contrary to the child's best 13
interests to order sole decision making or preclude dispute 14
resolution under subsection (5) of this section, the court need not 15
apply those limitations. Where there has been a finding of domestic 16
violence, there is a rebuttable presumption that there will be sole 17
decision making. The court shall not require face-to-face mediation, 18
arbitration, or interventions, including therapeutic interventions, 19
that require the parties to share the same physical or virtual space 20
if there has been a finding of domestic violence. 21
(c) In determining whether there is clear and convincing evidence 22
supporting a determination not to impose limitations, the court shall 23
consider and make express written findings on all of the following 24
factors: 25
(i) Any current risk posed by the parent to the physical or 26
psychological well-being of the child or other parent;27
(ii) Whether a parent has demonstrated that they can and will 28
prioritize the child's physical and psychological well-being;29
(iii) Whether a parent has adhered to and is likely to adhere to 30
court orders; 31
(iv) Whether a parent has genuinely acknowledged past harm and is 32
committed to avoiding harm in the future; and 33
(v) A parent's compliance with any previously court-ordered 34
treatment. A parent's compliance with the requirements for 35
participation in a treatment program does not, by itself, constitute 36
evidence that the parent has made the requisite changes.37
(7) WHEN LIMITATIONS APPLY TO BOTH PARENTS. 38
(a) When mandatory limitations in subsection (4)(a) or (b) of 39
this section apply to both parents, the court may make an exception 40
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in applying mandatory limitations. The court shall make detailed 1
written findings regarding the comparative risk of harm to the child 2
posed by each parent, and shall explain the limitations imposed on 3
each parent, including any decision not to impose restrictions on a 4
parent or to award decision making to a parent who is subject to 5
limitations. 6
(b) When mandatory limitations under subsection (4)(a) or (b) of 7
this section apply to one parent and discretionary limitations under 8
subsection (4)(c) of this section apply to another parent, there is a 9
presumption that the mandatory limitations shall have priority in 10
setting the limitations of the residential schedule, decision making, 11
and dispute resolution. If the court deviates from this presumption, 12
the court shall make detailed written findings as to the reasons for 13
the deviation. 14
(c) When discretionary limitations in subsection (4)(c) of this 15
section apply to both parents, the court shall make detailed written 16
findings regarding the comparative risk of harm to the child posed by 17
each parent, and shall explain the limitations imposed on each 18
parent, including any decision not to impose restrictions on a parent 19
or to award decision making to a parent who is subject to limitations 20
in subsection (4)(c) of this section. 21
(d) In making the determinations under (a), (b), or (c) of this 22
subsection, the court shall consider the best interests of the child 23
and which parenting arrangement best maintains a child's emotional 24
growth, health and stability, and physical care. Further, the best 25
interests of the child are ordinarily served when the existing 26
pattern of interaction between a parent and child is altered only to 27
the extent necessitated by the changed relationship of the parents or 28
as required to protect the child from physical, mental, or emotional 29
harm. 30
(8) RIGHTS TO APPEAL. Nothing in this section restricts any right 31
to appeal. 32
Sec. 4. RCW 26.44.100 and 2017 c 269 s 2 are each amended to 33
read as follows: 34
(1) The legislature finds parents and children often are not 35
aware of their due process rights when agencies are investigating 36
allegations of child abuse and neglect. The legislature reaffirms 37
that all citizens, including parents, shall be afforded due process, 38
that protection of children remains the priority of the legislature, 39
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and that this protection includes protecting the family unit from 1
unnecessary disruption. To facilitate this goal, the legislature 2
wishes to ensure that parents and children be advised in writing and 3
orally, if feasible, of their basic rights and other specific 4
information as set forth in this chapter, provided that nothing 5
contained in this chapter shall cause any delay in protective custody 6
action. 7
(2) The department shall notify the parent, guardian, or legal 8
custodian of a child of any allegations of child abuse or neglect 9
made against such person at the initial point of contact with such 10
person, in a manner consistent with the laws maintaining the 11
confidentiality of the persons making the complaints or allegations. 12
Investigations of child abuse and neglect should be conducted in a 13
manner that will not jeopardize the safety or protection of the child 14
or the integrity of the investigation process. 15
Whenever the department completes an investigation of a child 16
abuse or neglect report under this chapter, the department shall 17
notify the subject of the report of the department's investigative 18
findings. The notice shall also advise the subject of the report 19
that: 20
(a) A written response to the report may be provided to the 21
department and that such response will be filed in the record 22
following receipt by the department; 23
(b) Information in the department's record may be considered in 24
subsequent investigations or proceedings related to child protection 25
or child custody; 26
(c) Founded reports of child abuse and neglect may be considered 27
in determining whether the person is disqualified from being licensed 28
to provide child care, employed by a licensed child care agency, or 29
authorized by the department to care for children; and30
(d) A subject named in a founded report of child abuse or neglect 31
has the right to seek review of the finding as provided in this 32
chapter. 33
(3) The founded finding notification required by this section 34
shall be made by certified mail, return receipt requested, to the 35
person's last known address. 36
(4) The unfounded finding notification required by this section 37
must be made by regular mail to the person's last known address or by 38
email. The unfounded finding notification must include information on 39
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the motion for restoration of residential time under section 1 of 1
this act. 2
(5) The duty of notification created by this section is subject 3
to the ability of the department to ascertain the location of the 4
person to be notified. The department shall exercise reasonable, good 5
faith efforts to ascertain the location of persons entitled to 6
notification under this section. 7
(6) The department shall provide training to all department 8
personnel who conduct investigations under this section that shall 9
include, but is not limited to, training regarding the legal duties 10
of the department from the initial time of contact during 11
investigation through treatment in order to protect children and 12
families. 13
NEW SECTION. Sec. 5. A new section is added to chapter 2.56 RCW 14
to read as follows: 15
(1) The administrative office of the courts shall, within 16
existing resources, incorporate into its regular judicial education 17
program a single online module not to exceed 60 minutes that covers:18
(a) Recognition of false allegation patterns in custody disputes;19
(b) Application of presumptions, timelines, and conduct under 20
section 1 of this act, RCW 26.09.260(14), and 26.09.191(4)(c)(vii); 21
and 22
(c) Bias mitigation in parenting time decisions.23
(2) The administrative office of the courts may adapt existing 24
materials from recognized judicial education providers and shall 25
publish a bench card and model orders on its website.26
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