H-2942.1
SUBSTITUTE HOUSE BILL 2237
State of Washington 68th Legislature 2024 Regular Session
By House Civil Rights & Judiciary (originally sponsored by
Representatives Taylor and Walen)
READ FIRST TIME 01/30/24.
1 AN ACT Relating to limitations in parenting plans; amending RCW
2 26.09.191; and adding a new section to chapter 26.09 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 26.09.191 and 2021 c 215 s 134 are each amended to
5 read as follows:
6 (1) ((The permanent parenting plan shall not require mutual
7 decision-making or designation of a dispute resolution process other
8 than court action)) PURPOSE. Parents are responsible for protecting
9 and preserving the health and well-being of their minor children.
10 When a parent acts contrary to the health and well-being of the
11 parent's child, or engages in conduct that creates an unreasonable
12 risk of harm to a child, the court may, and in some situations must,
13 impose limitations intended to protect the child from harm as
14 described in this section and section 2 of this act.
15 (2) GENERAL CONSIDERATIONS.
16 (a) In entering a permanent parenting plan, the court shall not
17 draw any presumptions from the provisions of the temporary parenting
18 plan.
19 (b) The weight given to the existence of a protection order
20 issued under chapter 7.105 RCW or former chapter 26.50 RCW as to
21 domestic violence is within the discretion of the court.
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 1 (c) In determining whether any of the conduct described in this
2 section or section 2 of this act has occurred, the court shall apply
3 the rules of evidence and civil procedure except where the parties
4 have opted for an informal family law trial pursuant to state or
5 local court rules.
6 (3) DEFINITIONS. The definitions in this subsection apply
7 throughout this section and section 2 of this act unless the context
8 clearly requires otherwise.
9 (a) "Abusive use of conflict" refers to a party engaging in
10 ongoing and deliberate actions to misuse conflict. This includes, but
11 is not limited to: (i) Repeated bad faith violations of court orders
12 regarding the child or the protection of the child or other parent;
13 (ii) credible threats of physical, emotional, or financial harm to
14 the other parent or to family, friends, or professionals providing
15 support to the child or other parent; (iii) intentional use of the
16 child in conflict; or (iv) abusive litigation as defined in RCW
17 26.51.020. Litigation that is aggressive or improper but does not
18 meet the definition of abusive litigation shall not constitute a
19 basis for finding abusive use of conflict under this section.
20 Protective actions as defined in this section shall not constitute a
21 basis for a finding of abusive use of conflict.
22 (b) "Child" shall also mean "children."
23 (c) "Knowingly" means knows or reasonably should know.
24 (d) "Parenting functions" has the same meaning as in RCW
25 26.09.004.
26 (e) "Protective actions" are actions taken by a parent in good
27 faith for the purpose of protecting themselves or the parent's child
28 from the risk of harm posed by the other parent. "Protective actions"
29 can include, but are not limited to: (i) Reports or complaints
30 regarding physical, sexual, or mental abuse of a child or child
31 neglect to an individual or entity connected to the provision of care
32 or safety of the child such as law enforcement, medical
33 professionals, therapists, schools, day cares, or child protective
34 services; (ii) seeking court orders changing residential time; or
35 (iii) petitions for protection or restraining orders.
36 (f) "Sex offense against a child" means any of the following
37 offenses involving a child victim: (i) Any sex offense as defined in
38 RCW 9.94A.030; (ii) any offense with a finding of sexual motivation;
39 (iii) any offense in violation of chapter 9A.44 RCW other than RCW
40 9A.44.132; (iv) any offense involving the sexual abuse of a minor,
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 1 including any offense under chapter 9.68A RCW; or (v) any federal or
2 out-of-state offense comparable to any offense under (f)(i) through
3 (iv) of this subsection.
4 (g) "Social worker" means a person with a master's degree or
5 further advanced degree from a social work educational program
6 accredited and approved as provided in RCW 18.320.010.
7 (h) "Willful abandonment" has occurred when the child's parent
8 has expressed, either by statement or conduct, an intent to forego,
9 for an extended period, parental rights or responsibilities despite
10 an ability to exercise such rights and responsibilities. "Willful
11 abandonment" does not include a parent who has been unable to see the
12 child due to incarceration, deportation, inpatient treatment, medical
13 emergency, fleeing to an emergency shelter or domestic violence
14 shelter, or withholding of the child by the other parent.
15 (4) RESIDENTIAL TIME LIMITATIONS.
16 (a) PARENTAL CONDUCT REQUIRING LIMITS ON A PARENT'S RESIDENTIAL
17 TIME. A parent's residential time with the parent's child shall be
18 limited if it is found that a parent has engaged in any of the
19 following conduct:
20 (((a))) (i) Willful abandonment that continues for an extended
21 period of time ((or substantial refusal to perform parenting
22 functions;
23 (b) physical, sexual,));
24 (ii) Physical abuse or a pattern of emotional abuse of a child;
25 ((or (c) a)) (iii) A history of acts of domestic violence as
26 defined in RCW 7.105.010 ((or)), an assault ((or sexual assault))
27 that causes grievous bodily harm or the fear of such harm ((or that
28 results in a pregnancy.
29 (2)(a) The)), or any sexual assault; or
30 (iv) Sexual abuse of a child. Required limitations and
31 considerations for a parent who has been convicted of a sex offense
32 against a child or found to have sexually abused a child in the
33 current case or a prior case are addressed in section 2 of this act.
34 (b) PARENT RESIDING WITH A PERSON WHOSE CONDUCT REQUIRES
35 RESIDENTIAL TIME LIMITATIONS. A parent's residential time with the
36 child shall be limited if it is found that the parent knowingly
37 resides with a person who has engaged in any of the following
38 conduct: (((i) Willful abandonment that continues for an extended
39 period of time or substantial refusal to perform parenting functions;
40 (ii) physical, sexual,))
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 1 (i) Physical abuse or a pattern of emotional abuse of a child;
2 (((iii) a)) (ii) A history of acts of domestic violence as
3 defined in RCW 7.105.010 ((or)), an assault ((or sexual assault))
4 that causes grievous bodily harm or the fear of such harm ((or that
5 results in a pregnancy; or (iv) the parent has been convicted as an
6 adult of a sex offense under:
7 (A) RCW 9A.44.076 if, because of the difference in age between
8 the offender and the victim, no rebuttable presumption exists under
9 (d) of this subsection;
10 (B) RCW 9A.44.079 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 (C) RCW 9A.44.086 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 (D) RCW 9A.44.089;
17 (E) RCW 9A.44.093;
18 (F) RCW 9A.44.096;
19 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age
20 between the offender and the victim, no rebuttable presumption exists
21 under (d) of this subsection;
22 (H) Chapter 9.68A RCW;
23 (I) Any predecessor or antecedent statute for the offenses listed
24 in (a)(iv)(A) through (H) of this subsection;
25 (J) Any statute from any other jurisdiction that describes an
26 offense analogous to the offenses listed in (a)(iv)(A) through (H) of
27 this subsection.
28 This subsection (2)(a) shall not apply when (c) or (d) of this
29 subsection applies.
30 (b) The parent's residential time with the child shall be limited
31 if it is found that the parent resides with a person who has engaged
32 in any of the following conduct: (i) Physical, sexual, or a pattern
33 of emotional abuse of a child; (ii) a history of acts of domestic
34 violence as defined in RCW 7.105.010 or an assault or sexual assault
35 that causes grievous bodily harm or the fear of such harm or that
36 results in a pregnancy; or (iii) the person has been convicted as an
37 adult or as a juvenile has been adjudicated of a sex offense under:
38 (A) RCW 9A.44.076 if, because of the difference in age between
39 the offender and the victim, no rebuttable presumption exists under
40 (e) of this subsection;
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 1 (B) RCW 9A.44.079 if, because of the difference in age between
2 the offender and the victim, no rebuttable presumption exists under
3 (e) of this subsection;
4 (C) RCW 9A.44.086 if, because of the difference in age between
5 the offender and the victim, no rebuttable presumption exists under
6 (e) of this subsection;
7 (D) RCW 9A.44.089;
8 (E) RCW 9A.44.093;
9 (F) RCW 9A.44.096;
10 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age
11 between the offender and the victim, no rebuttable presumption exists
12 under (e) of this subsection;
13 (H) Chapter 9.68A RCW;
14 (I) Any predecessor or antecedent statute for the offenses listed
15 in (b)(iii)(A) through (H) of this subsection;
16 (J) Any statute from any other jurisdiction that describes an
17 offense analogous to the offenses listed in (b)(iii)(A) through (H)
18 of this subsection.
19 This subsection (2)(b) shall not apply when (c) or (e) of this
20 subsection applies.
21 (c) If a parent has been found to be a sexual predator under
22 chapter 71.09 RCW or under an analogous statute of any other
23 jurisdiction, the court shall restrain the parent from contact with a
24 child that would otherwise be allowed under this chapter. If a parent
25 resides with an adult or a juvenile who has been found to be a sexual
26 predator under chapter 71.09 RCW or under an analogous statute of any
27 other jurisdiction, the court shall restrain the parent from contact
28 with the parent's child except contact that occurs outside that
29 person's presence.
30 (d) There is a rebuttable presumption that a parent who has been
31 convicted as an adult of a sex offense listed in (d)(i) through (ix)
32 of this subsection poses a present danger to a child. Unless the
33 parent rebuts this presumption, the court shall restrain the parent
34 from contact with a child that would otherwise be allowed under this
35 chapter:
36 (i) RCW 9A.64.020 (1) or (2), provided that the person convicted
37 was at least five years older than the other person;
38 (ii) RCW 9A.44.073;
39 (iii) RCW 9A.44.076, provided that the person convicted was at
40 least eight years older than the victim;
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 1 (iv) RCW 9A.44.079, provided that the person convicted was at
2 least eight years older than the victim;
3 (v) RCW 9A.44.083;
4 (vi) RCW 9A.44.086, provided that the person convicted was at
5 least eight years older than the victim;
6 (vii) RCW 9A.44.100;
7 (viii) Any predecessor or antecedent statute for the offenses
8 listed in (d)(i) through (vii) of this subsection;
9 (ix) Any statute from any other jurisdiction that describes an
10 offense analogous to the offenses listed in (d)(i) through (vii) of
11 this subsection.
12 (e) There is a rebuttable presumption that a parent who resides
13 with a person who, as an adult, has been convicted, or as a juvenile
14 has been adjudicated, of the sex offenses listed in (e)(i) through
15 (ix) of this subsection 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 (i) RCW 9A.64.020 (1) or (2), provided that the person convicted
22 was at least five years older than the other person;
23 (ii) RCW 9A.44.073;
24 (iii) RCW 9A.44.076, provided that the person convicted was at
25 least eight years older than the victim;
26 (iv) RCW 9A.44.079, provided that the person convicted was at
27 least eight years older than the victim;
28 (v) RCW 9A.44.083;
29 (vi) RCW 9A.44.086, provided that the person convicted was at
30 least eight years older than the victim;
31 (vii) RCW 9A.44.100;
32 (viii) Any predecessor or antecedent statute for the offenses
33 listed in (e)(i) through (vii) of this subsection;
34 (ix) Any statute from any other jurisdiction that describes an
35 offense analogous to the offenses listed in (e)(i) through (vii) of
36 this subsection.
37 (f) The presumption established in (d) of this subsection may be
38 rebutted only after a written finding that the child was not
39 conceived and subsequently born as a result of a sexual assault
40 committed by the parent requesting residential time and that:
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 1 (i) If the child was not the victim of the sex offense committed
2 by the parent requesting residential time, (A) contact between the
3 child and the offending parent is appropriate and poses minimal risk
4 to the child, and (B) the offending parent has successfully engaged
5 in treatment for sex offenders or is engaged in and making progress
6 in such treatment, if any was ordered by a court, and the treatment
7 provider believes such contact is appropriate and poses minimal risk
8 to the child; or
9 (ii) If the child was the victim of the sex offense committed by
10 the parent requesting residential time, (A) contact between the child
11 and the offending parent is appropriate and poses minimal risk to the
12 child, (B) if the child is in or has been in therapy for victims of
13 sexual abuse, the child's counselor believes such contact between the
14 child and the offending parent is in the child's best interest, and
15 (C) the offending parent has successfully engaged in treatment for
16 sex offenders or is engaged in and making progress in such treatment,
17 if any was ordered by a court, and the treatment provider believes
18 such contact is appropriate and poses minimal risk to the child.
19 (g) The presumption established in (e) of this subsection may be
20 rebutted only after a written finding that the child was not
21 conceived and subsequently born as a result of a sexual assault
22 committed by the parent requesting residential time and that:
23 (i) If the child was not the victim of the sex offense committed
24 by the person who is residing with the parent requesting residential
25 time, (A) contact between the child and the parent residing with the
26 convicted or adjudicated person is appropriate and that parent is
27 able to protect the child in the presence of the convicted or
28 adjudicated person, and (B) the convicted or adjudicated person has
29 successfully engaged in treatment for sex offenders or is engaged in
30 and making progress in such treatment, if any was ordered by a court,
31 and the treatment provider believes such contact is appropriate and
32 poses minimal risk to the child; or
33 (ii) If the child was the victim of the sex offense committed by
34 the person who is residing with the parent requesting residential
35 time, (A) contact between the child and the parent in the presence of
36 the convicted or adjudicated person is appropriate and poses minimal
37 risk to the child, (B) if the child is in or has been in therapy for
38 victims of sexual abuse, the child's counselor believes such contact
39 between the child and the parent residing with the convicted or
40 adjudicated person in the presence of the convicted or adjudicated
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 1 person is in the child's best interest, and (C) the convicted or
2 adjudicated person has successfully engaged in treatment for sex
3 offenders or is engaged in and making progress in such treatment, if
4 any was ordered by a court, and the treatment provider believes
5 contact between the parent and child in the presence of the convicted
6 or adjudicated person is appropriate and poses minimal risk to the
7 child.
8 (h) If the court finds that the parent has met the burden of
9 rebutting the presumption under (f) of this subsection, the court may
10 allow a parent who has been convicted as an adult of a sex offense
11 listed in (d)(i) through (ix) of this subsection to have residential
12 time with the child supervised by a neutral and independent adult and
13 pursuant to an adequate plan for supervision of such residential
14 time. The court shall not approve of a supervisor for contact between
15 the child and the parent unless the court finds, based on the
16 evidence, that the supervisor is willing and capable of protecting
17 the chil