Washington 2023-2024 Regular Session Status: Passed Senate 2 D cosponsors

SB 5205 — Concerning limitations in parenting plans related to parental conduct.

Last action — On motion, referred to Law & Justice.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

524 added · 523 removed

Plain-language change summary

The updated version of Senate Bill 5205 clarifies that the parent-child relationship is a fundamental right, emphasizing the importance of spending time with children and making decisions about their health and education. It also specifies that if a parent acts against their child's well-being, courts may need to impose limitations to protect the child. This distinction is significant because it reinforces the responsibility of parents to protect their children's health and well-being and outlines potential consequences for those who fail to do so.

→
Previous
Latest
S-0760.1 SUBSTITUTE SENATE BILL 5205 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Dhingra, Kuderer, and C.
S-0139.2 SENATE BILL 5205 State of Washington 68th Legislature 2023 Regular Session By Senators Dhingra, Kuderer, and C.
Wilson) READ FIRST TIME 01/20/23.
Wilson Prefiled 01/06/23.
Read first time 01/09/23.
Referred to Committee on Law & Justice.
(1) ((The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action)) Parents are responsible for protecting and preserving the health and well-being of their minor child.
(1) ((The permanent parenting plan shall not require mutual decision-making or designation of a dispute resolution process other than court action)) INTENT.
The parent-child relationship is a fundamental right.
Spending time with a child (residential time) and making significant decisions that affect a child's health and education are essential to the exercise of that fundamental right.
Parents are also responsible for protecting and preserving the health and well-being of their minor child.
(2) RESIDENTIAL TIME LIMITATIONS.
(a) Parental conduct requiring limits on a parent's residential time.
1 SSB 5205 A parent's residential time with their child shall be limited if it is found that ((a)) the parent has engaged in any of the following conduct:
1 SB 5205 (2) RESIDENTIAL TIME LIMITATIONS.
(a) Parental conduct requiring limits on a parent's residential time.
A parent's residential time with their child shall be limited if it is found that ((a)) the parent has engaged in any of the following conduct:
(D) RCW 9A.44.089;
p.
2 SB 5205 (D) RCW 9A.44.089;
p.
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
2 SSB 5205 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.
3 SSB 5205 This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.
3 SB 5205 (J) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (b)(iii)(A) through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of this subsection applies.
(e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when that parent exercises residential time in the presence of the convicted or adjudicated person.
(e) There is a rebuttable presumption that a parent who resides with a person who, as an adult, has been convicted, or as a juvenile has been adjudicated, of the sex offenses listed in (e)(i) through (ix) of this subsection places a child at risk of abuse or harm when p.
Unless the parent rebuts the presumption, the court shall restrain the parent from contact with p.
4 SB 5205 that parent exercises residential time in the presence of the convicted or adjudicated person.
4 SSB 5205 the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:
Unless the parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence:
or (ii) If the child was the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.
or (ii) If the child was the victim of the sex offense committed by the parent requesting residential time, (A) contact between the child and the offending parent is appropriate and poses minimal risk to the child, (B) if the child is in or has been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for p.
p.
5 SB 5205 sex offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses minimal risk to the child.
5 SSB 5205 (g) The presumption established in (e) of this subsection may be rebutted only after a written finding that the child was not conceived and subsequently born as a result of a sexual assault committed by the parent requesting residential time and that:
(g) The presumption established in (e) of this subsection may be rebutted only after a written finding that the child was not conceived and subsequently born as a result of a sexual assault committed by the parent requesting residential time and that:
The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting the child from harm.
The court shall not approve of a supervisor for contact between the child and the parent unless the court finds, based on the p.
The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor p.
6 SB 5205 evidence, that the supervisor is willing and capable of protecting the child from harm.
6 SSB 5205 has failed to protect the child or is no longer willing or capable of protecting the child.
The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised residential time has occurred for at least two years with no further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court p.
A court may order unsupervised contact between the offending parent and a child who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised residential time has occurred for at least two years with no further arrests or convictions of sex offenses p.
7 SSB 5205 finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of residential time between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any.
7 SB 5205 involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense of the offending parent was not committed against a child of the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor, or social worker with expertise in treating child sexual abuse victims who has supervised at least one period of residential time between the parent and the child, and after consideration of evidence of the offending parent's compliance with community supervision requirements, if any.
If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the adjudicated juvenile has the lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur p.
If the adjudicated juvenile was not ordered by a court to participate in treatment for sex offenders, then the adjudicated juvenile shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex offender treatment provider indicating that the adjudicated juvenile has the p.
8 SSB 5205 in the presence of the adjudicated juvenile who is residing with the parent.
8 SB 5205 lowest likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may occur in the presence of the adjudicated juvenile who is residing with the parent.
(iii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence pursuant to RCW 26.26A.465 to have committed sexual assault, as defined in RCW 26.26A.465, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault.
(iii) The court shall not enter an order under (a) of this subsection allowing a parent to have contact with a child if the parent has been found by clear and convincing evidence pursuant to RCW 26.26A.465 to have committed sexual assault, as defined in RCW p.
p.
9 SB 5205 26.26A.465, against the child's parent, and that the child was born within three hundred twenty days of the sexual assault.
9 SSB 5205 (iv) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm.
(iv) If the court limits residential time under (a) or (b) of this subsection to require supervised contact between the child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of the child unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing to and capable of protecting the child from harm.
(d) The absence or substantial impairment of emotional ties between the parent and the child;
10 SSB 5205 (e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development.
10 SB 5205 (d) The absence or substantial impairment of emotional ties between the parent and the child;
(e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological development.
(c) Parental conduct that may result in limits on a parent's residential time.
Show all 63 changed rows (23 more)
Previous
Latest
11 SSB 5205 A parent's involvement or conduct may have an adverse effect on a child's best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist:
11 SB 5205 (c) Parental conduct that may result in limits on a parent's residential time.
A parent's involvement or conduct may have an adverse effect on a child's best interests, and the court may preclude or limit any provisions of the parenting plan, if any of the following factors exist:
The limitations imposed by the court under this section shall be reasonably calculated to protect the child from the physical, sexual, or emotional abuse or harm that could result if the child has contact with the parent requesting residential time.
(i) Protection of a child at risk of harm.
The limitations shall also be reasonably calculated to provide for the safety of the parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the parent p.
Limitations that may be imposed by the court under this section shall be reasonably calculated to protect a child from the physical or emotional abuse or harm that could result if the child has contact with the parent requesting residential time and may include but are not limited to:
12 SSB 5205 requesting residential time.
p.
The limitations the court may impose include, but are not limited to:
12 SB 5205 (A) Supervised visitation.
(i) Supervised visitation.
If the court requires supervised visitation, there is a presumption that the supervision will be provided by a professional supervisor.
If the court requires supervised visitation, the court shall not approve of a nonprofessional supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of a child unless the court finds, based upon the evidence, that the supervisor acknowledges that the harmful conduct occurred and is willing and capable of protecting a child from harm.
The court shall not approve of a nonprofessional supervisor for contact between a child and a parent who has engaged in physical, sexual, or a pattern of emotional abuse of a child unless the court finds, based upon the evidence, that the supervisor acknowledges that the harmful conduct occurred and is willing and capable of protecting a child from harm.
(ii) Evaluation or treatment.
(B) Evaluation or treatment.
or (iii) No contact.
or (C) No contact.
(ii) Protection of a parent at risk of harm.
The limitations imposed by the court shall also be reasonably calculated to provide for the safety of a parent who may be at risk of physical, sexual, or emotional abuse or harm that could result if the parent has contact with the parent requesting residential time.
(b) Physical abuse or a pattern of emotional abuse of a child;
13 SSB 5205 (c) A history of acts of domestic violence as defined in RCW 7.105.010;
13 SB 5205 (b) Physical abuse or a pattern of emotional abuse of a child;
(c) A history of acts of domestic violence as defined in RCW 7.105.010;
Where there has been a finding of domestic violence, there is a rebuttable presumption that there will be sole decision making.
Where there has been a finding of domestic violence, the court may not require face-to-face mediation or counseling where both parties are required to be in the same room or virtual room.
The court may not require face- to-face mediation or counseling where both parties are required to be in the same room or virtual room.
14 SSB 5205 consider whether one parent caused or contributed to the basis for the other parent's conduct that is a basis for restrictions.
14 SB 5205 consider whether one parent caused or contributed to the basis for the other parent's conduct that is a basis for restrictions.
15 SSB 5205 the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence.
15 SB 5205 the parent's child except for contact that occurs outside of the convicted or adjudicated person's presence.
16 SSB 5205 treatment for sex offenders or are engaged in and making progress in such treatment, if any was ordered by a court;
16 SB 5205 treatment for sex offenders or are engaged in and making progress in such treatment, if any was ordered by a court;
17 SSB 5205 evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child;
17 SB 5205 evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting the child;
18 SSB 5205
18 SB 5205
⬇ Download PDF
View plain text versions (2)

Action History

  1. On motion, referred to Law & Justice.

  2. By resolution, reintroduced and retained in present status.

  3. Senate Rules "X" file.

  4. Placed on second reading by Rules Committee.

  5. Passed to Rules Committee for second reading.

  6. Minority; without recommendation.

  7. LAW - Majority; 1st substitute bill be substituted, do pass.

  8. Executive action taken in the Senate Committee on Law & Justice at 8:00 AM.

  9. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  10. First reading, referred to Law & Justice.

  11. Prefiled for introduction.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5205?
SB 5205 is sponsored by Claire Wilson (Democrat), Kuderer, and Manka Dhingra (Democrat).
What is the current status of SB 5205?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5205?
Track SB 5205 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 5205

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 5205

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →