The bill amends RCW 26.09.191 to enhance the protection of children in custody arrangements by establishing clearer guidelines for limitations on a parent's residential time with their child, particularly in cases involving abuse or risk of harm. It introduces new legal language that allows courts to impose restrictions if a parent engages in conduct that poses an unreasonable risk, including willful abandonment, physical or emotional abuse, and a history of domestic violence or sexual offenses. The bill also defines key terms and outlines specific circumstances under which a parent's residential time may be limited, such as residing with someone with a history of abusive behavior. A rebuttable presumption is established against contact for parents convicted of certain sex offenses, requiring them to demonstrate that contact is safe.
Additionally, the bill mandates that any supervisor for contact between a child and a parent with a history of sexual offenses must be capable of protecting the child from harm, with strict conditions for unsupervised contact. It emphasizes the child's best interests and safety in determining parental contact, allowing for emergency ex parte orders to suspend residential time if there are threats of harm. The bill also restricts decision-making processes for parents convicted of sex offenses, ensuring that mutual decision-making is not required in such cases. Overall, the legislation aims to create a more robust framework for evaluating parental conduct and safeguarding children's welfare in custody and visitation arrangements.
Statutes affected: Original Bill: 26.09.191
Substitute Bill: 26.09.191