Child abuse & DV/standards

AN ACT Relating to establishing standards for civil proceedings 1
and unprofessional conduct involving child abuse and domestic 2
violence; amending RCW 13.34.102, 18.130.180, 26.09.191, and 3
26.09.197; reenacting and amending RCW 26.09.004; adding a new 4
section to chapter 2.56 RCW; and adding new sections to chapter 26.09 5
RCW. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. A new section is added to chapter 2.56 RCW 8
to read as follows: 9
(1) The administrative office of the courts may develop and 10
implement an ongoing education and training program for judges, 11
magistrates, and other relevant court personnel, including guardians 12
ad litem, counsel for children, and mediators regarding child abuse. 13
The education and training program must include all aspects of the 14
maltreatment of children, including: 15
(a) Sexual abuse; 16
(b) Physical abuse; 17
(c) Psychological and emotional abuse; 18
(d) Implicit and explicit bias; 19
(e) Trauma and neglect; and 20
(f) The impact of child abuse and domestic violence on children.21
S-0122.1
SENATE BILL 5532
State of Washington 69th Legislature 2025 Regular Session
By Senator Fortunato
p. 1 SB 5532
(2) The education and training program under subsection (1) of 1
this section must include the latest best practices from evidence-2
based, peer-reviewed research by recognized experts, including 3
statewide family violence experts, in the types of child abuse 4
specified under subsection (1) of this section. The education and 5
training program under subsection (1) of this section must be 6
designed to educate and train relevant court personnel on all of the 7
factors listed under RCW 26.09.187 and improve the ability of courts 8
to make appropriate custody decisions that are in the best interest 9
of the child, including education and training regarding the impact 10
of child abuse, domestic abuse, and trauma on a victim.11
(3) Child and family court investigators, guardians ad litem, 12
evaluators, judicial officers, and commissioners, must complete:13
(a) No less than 20 hours of initial training; and14
(b) No less than 15 hours of ongoing training every five years.15
(4) The education and training program under subsection (1) of 16
this section must conform with the requirements for increased federal 17
grant funding under 34 U.S.C. Sec. 10446(k). 18
Sec. 2. RCW 13.34.102 and 2005 c 282 s 26 are each amended to 19
read as follows: 20
(1) All guardians ad litem must comply with the following 21
training requirements ((established under RCW 2.56.030(15),)) prior 22
to their appointment in cases under Title 13 RCW, except that 23
volunteer guardians ad litem or court-appointed special advocates may 24
comply with alternative training requirements approved by the 25
administrative office of the courts that meet or exceed the statewide 26
requirements:27
(a) Training requirements established under RCW 2.56.030(15); and28
(b) Training requirements established under section 1 of this 29
act. 30
(2)(a) Each guardian ad litem program for compensated guardians 31
ad litem shall establish a rotational registry system for the 32
appointment of guardians ad litem. If a judicial district does not 33
have a program the court shall establish the rotational registry 34
system. Guardians ad litem shall be selected from the registry except 35
in exceptional circumstances as determined and documented by the 36
court. The parties may make a joint recommendation for the 37
appointment of a guardian ad litem from the registry.38
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(b) In judicial districts with a population over one hundred 1
thousand, a list of three names shall be selected from the registry 2
and given to the parties along with the background information as 3
specified in RCW 13.34.100(3), including their hourly rate for 4
services. Each party may, within three judicial days, strike one name 5
from the list. If more than one name remains on the list, the court 6
shall make the appointment from the names on the list. In the event 7
all three names are stricken the person whose name appears next on 8
the registry shall be appointed. 9
(c) If a party reasonably believes that the appointed guardian ad 10
litem lacks the necessary expertise for the proceeding, charges an 11
hourly rate higher than what is reasonable for the particular 12
proceeding, or has a conflict of interest, the party may, within 13
three judicial days from the appointment, move for substitution of 14
the appointed guardian ad litem by filing a motion with the court.15
(d) The superior court shall remove any person from the guardian 16
ad litem registry who misrepresents his or her qualifications 17
pursuant to a grievance procedure established by the court.18
(3) The rotational registry system shall not apply to court-19
appointed special advocate programs. 20
Sec. 3. RCW 18.130.180 and 2024 c 220 s 2 are each amended to 21
read as follows: 22
Except as provided in RCW 18.130.450, the following conduct, 23
acts, or conditions constitute unprofessional conduct for any license 24
holder under the jurisdiction of this chapter: 25
(1) The commission of any act involving moral turpitude, 26
dishonesty, or corruption relating to the practice of the person's 27
profession, whether the act constitutes a crime or not. If the act 28
constitutes a crime, conviction in a criminal proceeding is not a 29
condition precedent to disciplinary action. Upon such a conviction, 30
however, the judgment and sentence is conclusive evidence at the 31
ensuing disciplinary hearing of the guilt of the license holder of 32
the crime described in the indictment or information, and of the 33
person's violation of the statute on which it is based. For the 34
purposes of this section, conviction includes all instances in which 35
a plea of guilty or nolo contendere is the basis for the conviction 36
and all proceedings in which the sentence has been deferred or 37
suspended. Nothing in this section abrogates rights guaranteed under 38
chapter 9.96A RCW; 39
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(2) Misrepresentation or concealment of a material fact in 1
obtaining a license or in reinstatement thereof; 2
(3) All advertising which is false, fraudulent, or misleading;3
(4) Incompetence, negligence, or malpractice which results in 4
injury to a patient or which creates an unreasonable risk that a 5
patient may be harmed. The use of a nontraditional treatment by 6
itself shall not constitute unprofessional conduct, provided that it 7
does not result in injury to a patient or create an unreasonable risk 8
that a patient may be harmed; 9
(5) Suspension, revocation, or restriction of the individual's 10
license to practice any health care profession by competent authority 11
in any state, federal, or foreign jurisdiction, a certified copy of 12
the order, stipulation, or agreement being conclusive evidence of the 13
revocation, suspension, or restriction; 14
(6) The possession, use, prescription for use, or distribution of 15
controlled substances or legend drugs in any way other than for 16
legitimate or therapeutic purposes, diversion of controlled 17
substances or legend drugs, the violation of any drug law, or 18
prescribing controlled substances for oneself; 19
(7) Violation of any state or federal statute or administrative 20
rule regulating the profession in question, including any statute or 21
rule defining or establishing standards of patient care or 22
professional conduct or practice; 23
(8) Failure to cooperate with the disciplining authority by:24
(a) Not furnishing any papers, documents, records, or other 25
items; 26
(b) Not furnishing in writing a full and complete explanation 27
covering the matter contained in the complaint filed with the 28
disciplining authority; 29
(c) Not responding to subpoenas issued by the disciplining 30
authority, whether or not the recipient of the subpoena is the 31
accused in the proceeding; or 32
(d) Not providing reasonable and timely access for authorized 33
representatives of the disciplining authority seeking to perform 34
practice reviews at facilities utilized by the license holder;35
(9) Failure to comply with an order issued by the disciplining 36
authority or a stipulation for informal disposition entered into with 37
the disciplining authority; 38
(10) Aiding or abetting an unlicensed person to practice when a 39
license is required; 40
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(11) Violations of rules established by any health agency;1
(12) Practice beyond the scope of practice as defined by law or 2
rule; 3
(13) Misrepresentation or fraud in any aspect of the conduct of 4
the business or profession; 5
(14) Failure to adequately supervise auxiliary staff to the 6
extent that the consumer's health or safety is at risk;7
(15) Engaging in a profession involving contact with the public 8
while suffering from a contagious or infectious disease involving 9
serious risk to public health; 10
(16) Promotion for personal gain of any unnecessary or 11
inefficacious drug, device, treatment, procedure, or service;12
(17) Conviction of any gross misdemeanor or felony relating to 13
the practice of the person's profession. For the purposes of this 14
subsection, conviction includes all instances in which a plea of 15
guilty or nolo contendere is the basis for conviction and all 16
proceedings in which the sentence has been deferred or suspended. 17
Nothing in this section abrogates rights guaranteed under chapter 18
9.96A RCW; 19
(18) The offering, undertaking, or agreeing to cure or treat 20
disease by a secret method, procedure, treatment, or medicine, or the 21
treating, operating, or prescribing for any health condition by a 22
method, means, or procedure which the licensee refuses to divulge 23
upon demand of the disciplining authority; 24
(19) The willful betrayal of a practitioner-patient privilege as 25
recognized by law; 26
(20) Violation of chapter 19.68 RCW or a pattern of violations of 27
RCW 41.05.700(8), 48.43.735(8), 48.49.020, 48.49.030, 71.24.335(8), 28
or 74.09.325(8); 29
(21) Interference with an investigation or disciplinary 30
proceeding by willful misrepresentation of facts before the 31
disciplining authority or its authorized representative, or by the 32
use of threats or harassment against any patient or witness to 33
prevent them from providing evidence in a disciplinary proceeding or 34
any other legal action, or by the use of financial inducements to any 35
patient or witness to prevent or attempt to prevent him or her from 36
providing evidence in a disciplinary proceeding; 37
(22) Current misuse of: 38
(a) Alcohol; 39
(b) Controlled substances; or 40
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(c) Legend drugs; 1
(23) Abuse of a client or patient or sexual contact with a client 2
or patient; 3
(24) Acceptance of more than a nominal gratuity, hospitality, or 4
subsidy offered by a representative or vendor of medical or health-5
related products or services intended for patients, in contemplation 6
of a sale or for use in research publishable in professional 7
journals, where a conflict of interest is presented, as defined by 8
rules of the disciplining authority, in consultation with the 9
department, based on recognized professional ethical standards;10
(25) Violation of RCW 18.130.420; 11
(26) Performing conversion therapy on a patient under age 12
eighteen; 13
(27) Violation of RCW 18.130.430; 14
(28) Violation of RCW 18.130.460; ((or))15
(29) Implanting the license holder's own gametes or reproductive 16
material into a patient; or17
(30) Performing reunification therapy with a parent and child, 18
whereby the parent has physically or sexually abused that child, or 19
has committed acts of domestic violence and has not yet satisfied 20
requirements under RCW 7.105.405(4)(a). 21
Sec. 4. RCW 26.09.004 and 2009 c 502 s 1 are each reenacted and 22
amended to read as follows: 23
The definitions in this section apply throughout this chapter.24
(1) "Military duties potentially impacting parenting functions" 25
means those obligations imposed, voluntarily or involuntarily, on a 26
parent serving in the armed forces that may interfere with that 27
parent's abilities to perform his or her parenting functions under a 28
temporary or permanent parenting plan. Military duties potentially 29
impacting parenting functions include, but are not limited to:30
(a) "Deployment," which means the temporary transfer of a service 31
member serving in an active -duty status to another location in 32
support of a military operation, to include any tour of duty 33
classified by the member's branch of the armed forces as "remote" or 34
"unaccompanied"; 35
(b) "Activation" or "mobilization," which means the call -up of a 36
national guard or reserve service member to extended active -duty 37
status. For purposes of this definition, "mobilization" does not 38
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include national guard or reserve annual training, inactive duty 1
days, or drill weekends; or 2
(c) "Temporary duty," which means the transfer of a service 3
member from one military base or the service member's home to a 4
different location, usually another base, for a limited period of 5
time to accomplish training or to assist in the performance of a 6
noncombat mission. 7
(2) "Parenting functions" means those aspects of the parent-child 8
relationship in which the parent makes decisions and performs 9
functions necessary for the care and growth of the child. Parenting 10
functions include: 11
(a) Maintaining a loving, stable, consistent, and nurturing 12
relationship with the child; 13
(b) Attending to the daily needs of the child, such as feeding, 14
clothing, physical care and grooming, supervision, health care, and 15
day care, and engaging in other activities which are appropriate to 16
the developmental level of the child and that are within the social 17
and economic circumstances of the particular family;18
(c) Attending to adequate education for the child, including 19
remedial or other education essential to the best interests of the 20
child; 21
(d) Assisting the child in developing and maintaining appropriate 22
interpersonal relationships; 23
(e) Exercising appropriate judgment regarding the child's 24
welfare, consistent with the child's developmental level and the 25
family's social and economic circumstances; and 26
(f) Providing for the financial support of the child.27
(3) "Permanent parenting plan" means a plan for parenting the 28
child, including allocation of parenting functions, which plan is 29
incorporated in any final decree or decree of modification in an 30
action for dissolution of marriage or domestic partnership, 31
declaration of invalidity, or legal separation. 32
(4) "Temporary parenting plan" means a plan for parenting of the 33
child pending final resolution of any action for dissolution of 34
marriage or domestic partnership, declaration of invalidity, or legal 35
separation which is incorporated in a temporary order.36
(5) "Accused party" means a parent in a case to determine 37
parental responsibilities who has been accused of domestic violence 38
or child abuse, including child sexual abuse.39
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(6) "Protective party" means a parent in a case to determine 1
parental responsibilities who is competent, protective, not sexually 2
or physically abusive, and with whom a child is bonded or attached.3
Sec. 5. RCW 26.09.191 and 2021 c 215 s 134 are each amended to 4
read as follows: 5
(1) The permanent parenting plan shall not require mutual 6
decision-making or designation of a dispute resolution process other 7
than court action if it is found that a parent has engaged in any of 8
the following conduct: (a) Willful abandonment that continues for an 9
extended period of time or substantial refusal to perform parenting 10
functions; (b) physical, sexual, or a pattern of emotional abuse of a 11
child; or (c) a history of acts of domestic violence as defined in 12
RCW 7.105.010 or an assault or sexual assault that causes grievous 13
bodily harm or the fear of such harm or that results in a pregnancy.14
(2)(a) The parent's residential time with the child shall be 15
limited if it is found that the parent has engaged in any of the 16
following conduct: (i) Willful abandonment that continues for an 17
extended period of time or substantial refusal to perform parenting 18
functions; (ii) physical, sexual, or a pattern of emotional abuse of 19
a child; (iii) a history of acts of domestic violence as defined in 20
RCW 7.105.010 or an assault or sexual assault that causes grievous 21
bodily harm or the fear of such harm or that results in a pregnancy; 22
or (iv) the parent has been convicted as an adult of a sex offense 23
under: 24
(A) RCW 9A.44.076 if, because of the difference in age between 25
the offender and the victim, no rebuttable presumption exists under 26
(d) of this subsection; 27
(B) RCW 9A.44.079 if, because of the difference in age between 28
the offender and the victim, no rebuttable presumption exists under 29
(d) of this subsection; 30
(C) RCW 9A.44.086 if, because of the difference in age between 31
the offender and the victim, no rebuttable presumption exists under 32
(d) of this subsection; 33
(D) RCW 9A.44.089; 34
(E) RCW 9A.44.093; 35
(F) RCW 9A.44.096; 36
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age 37
between the offender and the victim, no rebuttable presumption exists 38
under (d) of this subsection; 39
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(H) Chapter 9.68A RCW; 1
(I) Any predecessor or antecedent statute for the offenses listed 2
in (a)(iv)(A) through (H) of this subsection; 3
(J) Any statute from any other jurisdiction that describes an 4
offense analogous to the offenses listed in (a)(iv)(A) through (H) of 5
this subsection. 6
This subsection (2)(a) shall not apply when (c) or (d) of this 7
subsection applies. 8
(b) The parent's residential time with the child shall be limited 9
if it is found that the parent resides with a person who has engaged 10
in any of the following conduct: (i) Physical, sexual, or a pattern 11
of emotional abuse of a child; (ii) a history of acts of domestic 12
violence as defined in RCW 7.105.010 or an assault or sexual assault 13
that causes grievous bodily harm or the fear of such harm or that 14
results in a pregnancy; or (iii) the person has been convicted as an 15
adult or as a juvenile has been adjudicated of a sex offense under:16
(A) RCW 9A.44.076 if, because of the difference in age between 17
the offender and the victim, no rebuttable presumption exists under 18
(e) of this subsection; 19
(B) RCW 9A.44.079 if, because of the difference in age between 20
the offender and the victim, no rebuttable presumption exists under 21
(e) of this subsection; 22
(C) RCW 9A.44.086 if, because of the difference in age between 23
the offender and the victim, no rebuttable presumption exists under 24
(e) of this subsection; 25
(D) RCW 9A.44.089; 26
(E) RCW 9A.44.093; 27
(F) RCW 9A.44.096; 28
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age 29
between the offender and the victim, no rebuttable presumption exists 30
under (e) of this subsection; 31
(H) Chapter 9.68A RCW; 32
(I) Any predecessor or antecedent statute for the offenses listed 33
in (b)(iii)(A) through (H) of this subsection; 34
(J) Any statute from any other jurisdiction that describes an 35
offense analogous to the offenses listed in (b)(iii)(A) through (H) 36
of this subsection. 37
This subsection (2)(b) shall not apply when (c) or (e) of this 38
subsection applies. 39
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(c) If a parent has been found to be a sexual predator under 1
chapter 71.09 RCW or under an analogous statute of any other 2
jurisdiction, the court shall restrain the parent from contact with a 3
child that would otherwise be allowed under this chapter. If a parent 4
resides with an adult or a juvenile who has been found to be a sexual 5
predator under chapter 71.09 RCW or under an analogous statute of any 6
other jurisdiction, the court shall restrain the parent from contact 7
with the parent's child except contact that occurs outside that 8
person's presence. 9
(d) There is a rebuttable presumption that a parent who has been 10
convicted as an adult of a sex offense listed in (d)(i) through (ix) 11
of this subsection poses a present danger to a child. Unless the 12
parent rebuts this presumption, the court shall restrain the parent 13
from contact with a child that would otherwise be allowed under this 14
chapter: 15
(i) RCW 9A.64.020 (1) or (2), provided that the person convicted 16
was at least five years older than the other person;17
(ii) RCW 9A.44.073; 18
(iii) RCW 9A.44.076, provided that the person convicted was at 19
least eight years older than the victim; 20
(iv) RCW 9A.44.079, provided that the person convicted was at 21
least eight years older than the victim; 22
(v) RCW 9A.44.083; 23
(vi) RCW 9A.44.086, provided that the person convicted was at 24
least eight years older than the victim; 25
(vii) RCW 9A.44.100; 26
(viii) Any predecessor or antecedent statute for the offenses 27
listed in (d)(i) through (vii) of this subsection;28
(ix) Any statute from any other jurisdiction that describes an 29
offense analogous to the offenses listed in (d)(i) through (vii) of 30
this subsection. 31
(e) There is a rebuttable presumption that a parent who resides 32
with a person who, as an adult, has been convicted, or as a juvenile 33
has been adjudicated, of the sex offenses listed in (e)(i) through 34
(ix) of this subsection places a child at risk of abuse or harm when 35
that parent exercises residential time in the presence of the 36
convicted or adjudicated person. Unless the parent rebuts the 37
presumption, the court shall restrain the parent from contact with 38
the parent's child except for contact that occurs outside of the 39
convicted or adjudicated person's presence: 40
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(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 (e)(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 (e)(i) through (vii) of 15
this subsection. 16
(f) The presumption established in (d) of this subsection may be 17
rebutted only after a written finding that the child was not 18
conceived and subsequently born as a result of a sexual assault 19
committed by the parent requesting residential time and that:20
(i) If the child was not the victim of the sex offense committed 21
by the parent requesting residential time, (A) contact between the 22
child and the offending parent is appropriate and poses minimal risk 23
to the child, and (B) the offending parent has successfully engaged 24
in treatment for sex offenders or is engaged in and making progress 25
in such treatment, if any was ordered by a court, and the treatment 26
provider believes such contact is appropriate and poses minimal risk 27
to the child; or 28
(ii) If the child was the victim of the sex offense committed by 29
the parent requesting residential time, (A) contact between the child 30
and the offending parent is appropriate and poses minimal risk to the 31
child, (B) if the child is in or has been in therapy for victims of 32
sexual abuse, the child's counselor believes such contact between the 33
child and the offending parent is in the child's best interest, and 34
(C) the offending parent has successfully engaged in treatment for 35
sex offenders or is engaged in and making progress in such treatment, 36
if any was ordered by a court, and the treatment provider believes 37
such contact is appropriate and poses minimal risk to the child.38
(g) The presumption established in (e) of this subsection may be 39
rebutted only after a written finding that the child was not 40
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conceived and subsequently born as a result of a sexual assault 1
committed by the parent requesting residential time and that:2
(i) If the child was not the victim of the sex offense committed 3
by the person who is residing with the parent requesting residential 4
time, (A) contact between the child and the parent residing with the 5
convicted or adjudicated person is appropriate and that parent is 6
able to protect the child in the presence of the convicted or 7
adjudicated person, and (B) the convicted or adjudicated person has 8
successfully engaged in treatment for sex offenders or is engaged in 9
and making progress in such treatment, if any was ordered by a court, 10
and the treatment provider believes such contact is appropriate and 11
poses minimal risk to the child; or 12
(ii) If the child was the victim of the sex offense committed by 13
the person who is residing with the parent requesting residential 14
time, (A) contact between the child and the parent in the presence of 15
the convicted or adjudicated person is appropriate and poses minimal 16
risk to the child, (B) if the child is in or has been in therapy for 17
victims of sexual abuse, the child's counselor believes such contact 18
between the child and the parent residing with the convicted or 19
adjudicated person in the presence of the convicted or adjudicated 20
person is in the child's best interest, and (C) the convicted or 21
adjudicated person has successfully engaged in treatment for sex 22
offenders or is engaged in and making progress in such treatment, if 23
any was ordered by a court, and the treatment provider believes 24
contact between the parent and child in the presence of the convicted 25
or adjudicated person is appropriate and poses minimal risk to the 26
child. 27
(h) If the court finds that the parent has met the burden of 28
rebutting the presumption under (f) of this subsection, the court may 29
allow a parent who has been convicted as an adult of a sex offense 30
listed in (d)(i) through (ix) of this subsection to have residential 31
time with the child supervised by a neutral and independent adult and 32
pursuant to an adequate plan for supervision of such residential 33
time. The court shall not approve of a supervisor for contact between 34
the child and the parent unless the court finds, based on the 35
evidence, that the supervisor is willing and capable of protecting 36
the child from harm. The court shall revoke court approval of the 37
supervisor upon finding, based on the evidence, that the supervisor 38
has failed to protect the child or is no longer willing or capable of 39
protecting the child. 40
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(i) If the court finds that the parent has met the burden of 1
rebutting the presumption under (g) of this subsection, the court may 2
allow a parent residing with a person who has been adjudicated as a 3
juvenile of a sex offense listed in (e)(i) through (ix) of this 4
subsection to have residential time with the child in the presence of 5
the person adjudicated as a juvenile, supervised by a neutral and 6
independent adult and pursuant to an adequate plan for supervision of 7
such residential time. The court shall not approve of a supervisor 8
for contact between the child and the parent unless the court finds, 9
based on the evidence, that the supervisor is willing and capable of 10
protecting the child from harm. The court shall revoke court approval 11
of the supervisor upon finding, based on the evidence, that the 12
supervisor has failed to protect the child or is no longer willing or 13
capable of protecting the child. 14
(j) If the court finds that the parent has met the burden of 15
rebutting the presumption under (g) of this subsection, the court may 16
allow a parent residing with a person who, as an adult, has been 17
convicted of a sex offense listed in (e)(i) through (ix) of this 18
subsection to have residential time with the child in the presence of 19
the convicted person supervised by a neutral and independent adult 20
and 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
(k) A court shall not order unsupervised contact between the 29
offending parent and a child of the offending parent who was sexually 30
abused by that parent. A court may order unsupervised contact between 31
the offending parent and a child who was not sexually abused by the 32
parent after the presumption under (d) of this subsection has been 33
rebutted and supervised residential time has occurred for at least 34
two years with no further arrests or convictions of sex offenses 35
involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 36
9.68A RCW and (i) the sex offense of the offending parent was not 37
committed against a child of the offending parent, and (ii) the court 38
finds that unsupervised contact between the child and the offending 39
parent is appropriate and poses minimal risk to the child, after 40
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consideration of the testimony of a state-certified therapist, mental 1
health counselor, or social worker with expertise in treating child 2
sexual abuse victims who has supervised at least one period of 3
residential time between the parent and the child, and after 4
consideration of evidence of the offending parent's compliance with 5
community supervision requirements, if any. If the offending parent 6
was not ordered by a court to participate in treatment for sex 7
offenders, then the parent shall obtain a psychosexual evaluation 8
conducted by a certified sex offender treatment provider or a 9
certified affiliate sex offender treatment provider indicating that 10
the offender has the lowest likelihood of risk to reoffend before the 11
court grants unsupervised contact between the parent and a child.12
(l) A court may order unsupervised contact between the parent and 13
a child which may occur in the presence of a juvenile adjudicated of 14
a sex offense listed in (e)(i) through (ix) of this subsection who 15
resides with the parent after the presumption under (e) of this 16
subsection has been rebutted and supervised residential time has 17
occurred for at least two years during which time the adjudicated 18
juvenile has had no further arrests, adjudications, or convictions of 19
sex offenses involving children under chapter 9A.44 RCW, RCW 20
9A.64.020, or chapter 9.68A RCW, and (i) the court finds that 21
unsupervised contact between the child and the parent that may occur 22
in the presence of the adjudicated juvenile is appropriate and poses 23
minimal risk to the child, after consideration of the testimony of a 24
state-certified therapist, mental health counselor, or social worker 25
with expertise in treatment of child sexual abuse victims who has 26
supervised at least one period of residential time between the parent 27
and the child in the presence of the adjudicated juvenile, and after 28
consideration of evidence of the adjudicated juvenile's compliance 29
with community supervision or parole requirements, if any. If the 30
adjudicated juvenile was not ordered by a court to participate in 31
treatment for sex offenders, then the adjudicated juvenile shall 32
obtain a psychosexual evaluation conducted by a certified sex 33
offender treatment provider or a certified affiliate sex offender 34
treatment provider indicating that the adjudicated juvenile has the 35
lowest likelihood of risk to reoffend before the court grants 36
unsupervised contact between the parent and a child which may occur 37
in the presence of the adjudicated juvenile who is residing with the 38
parent. 39
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(m)(i) The limitations imposed by the court under (a) or (b) of 1
this subsection shall be reasonably calculated to protect the child 2
from the physical, sexual, or emotional abuse or harm that could 3
result if the child has contact with the parent requesting 4
residential time. The limitations shall also be reasonably calculated 5
to provide for the safety of the parent who may be at risk of 6
physical, sexual, or emotional abuse or harm that could result if the 7
parent has contact with the parent requesting residential time. The 8
limitations the court may impose include, but are not limited to: 9
Supervised contact between the child and the parent or completion of 10
relevant counseling or treatment. If the court expressly finds based 11
on the evidence that limitations on the residential time with the 12
child will not adequately protect the child from the harm or abuse 13
that could result if the child has contact with the parent requesting 14
residential time, the court shall restrain the parent requesting 15
residential time from all contact with the child. 16
(ii) The court shall not enter an order under (a) of this 17
subsection allowing a parent to have contact with a child if the 18
parent has been found by clear and convincing evidence in a civil 19
action or by a preponderance of the evidence in a dependency action 20
to have sexually abused the child, except upon recommendation by an 21
evaluator or therapist for the child that the child is ready for 22
contact with the parent and will not be harmed by the contact. The 23
court shall not enter an order allowing a parent to have contact with 24
the child in the offender's presence if the parent resides with a 25
person who has been found by clear and convincing evidence in a civil 26
action or by a preponderance of the evidence in a dependency action 27
to have sexually abused a child, unless the court finds that the 28
parent accepts that the person engaged in the harmful conduct and the 29
parent is willing to and capable of protecting the child from harm 30
from the person. 31
(iii) The court shall not enter an order under (a) of this 32
subsection allowing a parent to have contact with a child if the 33
parent has been found by clear and convincing evidence pursuant to 34
RCW 26.26A.465 to have committed sexual assault, as defined in RCW 35
26.26A.465, against the child's parent, and that the child was born 36
within three hundred twenty days of the sexual assault.37
(iv) If the court limits residential time under (a) or (b) of 38
this subsection to require supervised contact between the child and 39
the parent, the court shall not approve of a supervisor for contact 40
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between a child and a parent who has engaged in physical, sexual, or 1
a pattern of emotional abuse of the child unless the court finds 2
based upon the evidence that the supervisor accepts that the harmful 3
conduct occurred and is willing to and capable of protecting the 4
child from harm. The court shall revoke court approval of the 5
supervisor upon finding, based on the evidence, that the supervisor 6
has failed to protect the child or is no longer willing to or capable 7
of protecting the child. 8
(n) If the court expressly finds based on the evidence that 9
contact between the parent and the child will not cause physical, 10
sexual, or emotional abuse or harm to the child and that the 11
probability that the parent's or other person's harmful or abusive 12
conduct will recur is so remote that it would not be in the child's 13
best interests to apply the limitations of (a), (b), and (m)(i) and 14
(iv) of this subsection, or if the court expressly finds that the 15
parent's conduct did not have an impact on the child, then the court 16
need not apply the limitations of (a), (b), and (m)(i) and (iv) of 17
this subsection. The weight given to the existence of a protection 18
order issued under chapter 7.105 RCW or former chapter 26.50 RCW as 19
to domestic violence is within the discretion of the court. This 20
subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), 21
(j), (k), (l), and (m)(ii) of this subsection apply.22
(3) A parent's involvement or conduct may have an adverse effect 23
on the child's best interests, and the court may preclude or limit 24
any provisions of the parenting plan, if any of the following factors 25
exist: 26
(a) A parent's neglect or substantial nonperformance of parenting 27
functions; 28
(b) A long-term emotional or physical impairment which interferes 29
with the parent's performance of parenting functions as defined in 30
RCW 26.09.004; 31
(c) A long-term impairment resulting from drug, alcohol, or other 32
substance abuse that interferes with the performance of parenting 33
functions; 34
(d) The absence or substantial impairment of emotional ties 35
between the parent and the child; 36
(e) The abusive use of conflict by the parent which creates the 37
danger of serious damage to the child's psychological development. 38
Abusive use of conflict includes, but is not limited to, abusive 39
litigation as defined in RCW 26.51.020. If the court finds a parent 40
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has engaged in abusive litigation, the court may impose any 1
restrictions or remedies set forth in chapter 26.51 RCW in addition 2
to including a finding in the parenting plan. Litigation that is 3
aggressive or improper but that does not meet the definition of 4
abusive litigation shall not constitute a basis for a finding under 5
this section. A report made in good faith to law enforcement, a 6
medical professional, or child protective services of sexual, 7
physical, or mental abuse of a child shall not constitute a basis for 8
a finding of abusive use of conflict; 9
(f) A parent has withheld from the other parent access to the 10
child for a protracted period without good cause; or11
(g) Such other factors or conduct as the court expressly finds 12
adverse to the best interests of the child. 13
(4) In cases involving allegations of limiting factors under 14
subsection (2)(a)(ii) and (iii) of this section((, both)):15
(a) Both parties shall be screened to determine the 16
appropriateness of a comprehensive assessment regarding the impact of 17
the limiting factor on the child and the parties; and18
(b) The court shall consider the evidence outlined in section 7 19
of this act. 20
(5) In entering a permanent parenting plan, the court shall not 21
draw any presumptions from the provisions of the temporary parenting 22
plan. 23
(6) In determining whether any of the conduct described in this 24
section has occurred, the court shall apply the civil rules of 25
evidence, proof, and procedure. 26
(7) The court may not use the parenting plan for purposes 27
prohibited in section 8 (1) of this act and any reunification plan 28
must comply with section 8(2) of this act.29
(8) For the purposes of this section: 30
(a) "A parent's child" means that parent's natural child, adopted 31
child, or stepchild; and 32
(b) "Social worker" means a person with a master's or further 33
advanced degree from a social work educational program accredited and 34
approved as provided in RCW 18.320.010. 35
Sec. 6. RCW 26.09.197 and 2007 c 496 s 604 are each amended to 36
read as follows: 37
After considering the affidavit required by RCW 26.09.194(1) 38
((and)), other relevant evidence presented, and any evident mandatory 39
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limitations under RCW 26.09.191, the court shall make a temporary 1
parenting plan that is in the best interest of the child. In making 2
this determination, the court shall give particular consideration to:3
(1) The relative strength, nature, and stability of the child's 4
relationship with each parent; and 5
(2) Which parenting arrangements will cause the least disruption 6
to the child's emotional stability while the action is pending.7
The court shall also consider the factors used to determine 8
residential provisions in the permanent parenting plan.9
NEW SECTION. Sec. 7. A new section is added to chapter 26.09 10
RCW to read as follows: 11
(1) In all proceedings brought pursuant to this title concerning 12
the allocation of parental responsibilities with respect to a child 13
in which a claim of domestic violence or child abuse, including child 14
sexual abuse, has been made to the court, or the court has reason to 15
believe that a party has committed domestic violence or child abuse, 16
including child sexual abuse, the court shall: 17
(a) Consider the admission of expert testimony and evidence if 18
the expert demonstrates expertise and experience working with victims 19
of domestic violence or child abuse, including child sexual abuse, 20
that is not solely forensic in nature; and 21
(b) Consider evidence of past sexual or physical abuse committed 22
by the accused party, including: 23
(i) Any past or current protection or restraining orders against 24
the accused party, including protection or restraining orders that 25
raise sexual violence or abuse; 26
(ii) Arrests of the accused party for domestic violence, sexual 27
violence, or child abuse; 28
(iii) Convictions of the accused party for domestic violence, 29
sexual violence, or child abuse; or 30
(iv) Other documentation, including letters from a victim 31
advocate or victim service provider, if the victim consents to such 32
disclosure; medical records; or a letter to a landlord to break a 33
lease. 34
(2) In compliance with the federal keeping children safe from 35
family violence act, Title 34 U.S.C. Sec. 10446, as amended, any 36
neutral professional appointed by a court to express an opinion 37
relating to abuse, trauma, or the behaviors of victims and 38
perpetrators of abuse and trauma during a proceeding to allocate 39
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parental responsibilities shall possess demonstrated expertise and 1
experience in working with victims of domestic violence or child 2
abuse, including child sexual abuse, that is not solely of a forensic 3
nature. 4
NEW SECTION. Sec. 8. A new section is added to chapter 26.09 5
RCW to read as follows: 6
(1) In determining allocation of parental responsibilities in 7
proceedings brought pursuant to this chapter in which a claim of 8
domestic violence or child abuse, including child sexual abuse, has 9
been made to the court, or the court has reason to believe that a 10
party has committed domestic violence or child abuse, including child 11
sexual abuse, a court shall not: 12
(a) Remove a child from a protective party solely to improve a 13
deficient relationship with an accused party; 14
(b) Restrict contact between a child and a protective party 15
solely to improve a deficient relationship with an accused party;16
(c) Order reunification treatment, unless there is generally 17
accepted and scientifically valid proof of the safety, effectiveness, 18
and therapeutic value of the reunification treatment; or19
(d) Order reunification treatment that is predicated on cutting 20
off the relationship between a child and the protective party.21
(2) If a court issues an order to remediate the resistance of a 22
child to have contact with an accused party, the order must primarily 23
address the behavior of the accused party, who shall accept 24
responsibility for the accused party's actions that negatively 25
affected the accused party's relationship with the child, and the 26
offender shall satisfy the requirements of RCW 7.105.405(4)(a) before 27
the court orders a protective party to take steps to improve the 28
relationship with the accused party. The court may not issue an order 29
to remediate the resistance of a child to have contact with an 30
accused party, who was found to have sexually abused the child.31
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