The proposed bill seeks to address the restoration of parenting time lost due to unfounded allegations of child abuse or neglect made by one parent against another. It introduces a new section to chapter 26.09 RCW, defining terms such as "alleging parent," "denied parent," and "unfounded outcome." Under this legislation, a denied parent can file a motion to restore their residential time without a filing fee, and the court is mandated to hear the motion within 20 days. If the court finds the allegation unfounded, it must restore the denied parent's full residential time and may award additional time equal to the lost time. Furthermore, if the court determines that the allegation was made in bad faith, it may grant double the lost time. The bill also amends RCW 26.09.260 to establish that an unfounded allegation constitutes a substantial change in circumstances, presuming that restoring residential time with the denied parent is in the child's best interest unless clear evidence suggests otherwise.

In addition to addressing unfounded allegations, the bill clarifies existing laws regarding parental conduct and residential time, specifically concerning willful abandonment, abuse, and the impact of a parent's behavior on a child's welfare. It specifies that "willful abandonment" does not apply to parents unable to see their children due to circumstances like incarceration or domestic violence. The bill outlines conduct that may lead to limitations on residential time, including knowingly false allegations of child abuse or neglect. It mandates courts to impose reasonable limitations to protect children, such as supervised visitation and required evaluations for parents. The legislation emphasizes due process rights during investigations and requires the administrative office of the courts to provide training on recognizing false allegations in custody disputes, along with developing educational materials for judges to reduce bias in parenting time decisions.

Statutes affected:
Original bill: 26.09.260, 26.09.191, 26.44.100