Vaccination status

AN ACT Relating to prohibiting use of vaccination status in 1
certain administrative and legal proceedings; amending RCW 26.09.187; 2
adding a new section to chapter 11.130 RCW; adding a new section to 3
chapter 26.33 RCW; adding a new section to chapter 26.44 RCW; and 4
declaring an emergency. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 11.130 7
RCW to read as follows: 8
In considering and deciding a petition for guardianship of a 9
minor pursuant to Article 2 of this chapter or of an incapacitated 10
adult pursuant to Article 3 of this chapter, a court may not:11
(1) Admit into evidence the vaccination status of a person 12
seeking appointment as a guardian; or 13
(2) Consider a person's vaccination status when making an order 14
on the petition. 15
Sec. 2. RCW 26.09.187 and 2007 c 496 s 603 are each amended to 16
read as follows: 17
(1) DISPUTE RESOLUTION PROCESS. The court shall not order a 18
dispute resolution process, except court action, when it finds that 19
any limiting factor under RCW 26.09.191 applies, or when it finds 20
S-1571.2
SENATE BILL 5783
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato, J. Wilson, and McCune
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that either parent is unable to afford the cost of the proposed 1
dispute resolution process. If a dispute resolution process is not 2
precluded or limited, then in designating such a process the court 3
shall consider all relevant factors, including: 4
(a) Differences between the parents that would substantially 5
inhibit their effective participation in any designated process;6
(b) The parents' wishes or agreements and, if the parents have 7
entered into agreements, whether the agreements were made knowingly 8
and voluntarily; and 9
(c) Differences in the parents' financial circumstances that may 10
affect their ability to participate fully in a given dispute 11
resolution process. 12
(2) ALLOCATION OF DECISION-MAKING AUTHORITY. 13
(a) AGREEMENTS BETWEEN THE PARTIES. The court shall approve 14
agreements of the parties allocating decision-making authority, or 15
specifying rules in the areas listed in RCW 26.09.184(5)(a), when it 16
finds that: 17
(i) The agreement is consistent with any limitations on a 18
parent's decision-making authority mandated by RCW 26.09.191; and19
(ii) The agreement is knowing and voluntary. 20
(b) SOLE DECISION-MAKING AUTHORITY. The court shall order sole 21
decision-making to one parent when it finds that: 22
(i) A limitation on the other parent's decision-making authority 23
is mandated by RCW 26.09.191; 24
(ii) Both parents are opposed to mutual decision making;25
(iii) One parent is opposed to mutual decision making, and such 26
opposition is reasonable based on the criteria in (c) of this 27
subsection. 28
(c) MUTUAL DECISION-MAKING AUTHORITY. Except as provided in (a) 29
and (b) of this subsection, the court shall consider the following 30
criteria in allocating decision-making authority: 31
(i) The existence of a limitation under RCW 26.09.191;32
(ii) The history of participation of each parent in decision 33
making in each of the areas in RCW 26.09.184(5)(a);34
(iii) Whether the parents have a demonstrated ability and desire 35
to cooperate with one another in decision making in each of the areas 36
in RCW 26.09.184(5)(a); and 37
(iv) The parents' geographic proximity to one another, to the 38
extent that it affects their ability to make timely mutual decisions.39
(3) RESIDENTIAL PROVISIONS. 40
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(a) The court shall make residential provisions for each child 1
which encourage each parent to maintain a loving, stable, and 2
nurturing relationship with the child, consistent with the child's 3
developmental level and the family's social and economic 4
circumstances. The child's residential schedule shall be consistent 5
with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not 6
dispositive of the child's residential schedule, the court shall 7
consider the following factors: 8
(i) The relative strength, nature, and stability of the child's 9
relationship with each parent; 10
(ii) The agreements of the parties, provided they were entered 11
into knowingly and voluntarily; 12
(iii) Each parent's past and potential for future performance of 13
parenting functions as defined in RCW 26.09.004(((3))) (2), including 14
whether a parent has taken greater responsibility for performing 15
parenting functions relating to the daily needs of the child;16
(iv) The emotional needs and developmental level of the child;17
(v) The child's relationship with siblings and with other 18
significant adults, as well as the child's involvement with his or 19
her physical surroundings, school, or other significant activities;20
(vi) The wishes of the parents and the wishes of a child who is 21
sufficiently mature to express reasoned and independent preferences 22
as to his or her residential schedule; and 23
(vii) Each parent's employment schedule, and shall make 24
accommodations consistent with those schedules. 25
Factor (i) shall be given the greatest weight.26
(b) Where the limitations of RCW 26.09.191 are not dispositive, 27
the court may order that a child frequently alternate his or her 28
residence between the households of the parents for brief and 29
substantially equal intervals of time if such provision is in the 30
best interests of the child. In determining whether such an 31
arrangement is in the best interests of the child, the court may 32
consider the parties geographic proximity to the extent necessary to 33
ensure the ability to share performance of the parenting functions.34
(c) For any child, residential provisions may contain any 35
reasonable terms or conditions that facilitate the orderly and 36
meaningful exercise of residential time by a parent, including but 37
not limited to requirements of reasonable notice when residential 38
time will not occur. 39
(4) A court may not:40
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(a) Admit into evidence in any proceeding under this chapter the 1
vaccination status of a parent or a minor child; or2
(b) Consider a person's vaccination status in making any order 3
related to child support, child custody, visitation, or parental 4
rights.5
NEW SECTION. Sec. 3. A new section is added to chapter 26.33 6
RCW to read as follows: 7
(1) The vaccination status of a parent or child may not be 8
admitted as evidence or considered as a factor in any administrative 9
or judicial decision regarding a petition filed under this chapter.10
(2) The vaccination status of a parent, child, or person seeking 11
to adopt a child may not be admitted as evidence or considered as a 12
factor in any administrative or judicial evaluation or decision 13
regarding an adoption. 14
NEW SECTION. Sec. 4. A new section is added to chapter 26.44 15
RCW to read as follows: 16
The vaccination status of a parent or child may not be admitted 17
as evidence or considered as a factor in any administrative or 18
judicial decision under this chapter. 19
NEW SECTION. Sec. 5. If any provision of this act or its 20
application to any person or circumstance is held invalid, the 21
remainder of the act or the application of the provision to other 22
persons or circumstances is not affected.23
NEW SECTION. Sec. 6. This act is necessary for the immediate 24
preservation of the public peace, health, or safety, or support of 25
the state government and its existing public institutions, and takes 26
effect immediately.27
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