SB 5333 — Making changes related to the uniform parentage act for access to court records, compliance with regulations of the food and drug administration, enacting a repealed section of chapter 26.26 RCW, and correcting citations and terminology.

S-0927.3SUBSTITUTES-0132.3SENATE SENATE BILL 5333State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Law & Justice (originally sponsored by Senators Pedersen and Rivers)READRiversAN FIRST TIME 01/25/19.AN ACT Relating to making changes related to the uniform parentage act for access to court records, entry of protective orders by the court, use of mandatory forms, criteria for notice of a proceeding to adjudicate parentage, compliance with regulations of the food and drug administration, enacting a repealed section of chapter 26.26 RCW, clarifying the crimes included in sexual assault for purposes of preclusion of parentage, and correcting citations and terminology;

amending RCW 26.26A.500, 26.26A.470, 26.26A.410, 26.26A.810, 26.26A.820, 26.26A.825, 26.26A.465, 4.16.360, 5.44.140, 9.41.040, 9.41.173, 9.41.800, 9.94A.030, 10.14.080, 10.14.200, 10.99.020, 13.04.030, 13.34.155, 13.38.040, 26.09.030, 26.09.191, 26.09.405, 26.09.510, 26.12.802, 26.18.010, 26.18.220, 26.23.050, 26.26B.010, 26.26B.020, 26.26B.040, 26.26B.050, 26.26B.070, 26.26B.080, 26.26B.100, 26.33.110, 26.50.025, 26.50.035, 26.50.060, 26.50.110, 26.50.160, 36.28A.410, 59.18.575, 74.20.040, 74.20.225, 74.20.310, 74.20.350, 74.20.360, 74.20A.030, 74.20A.055, and 74.20A.056;

and adding a new section to chapter 26.26A26.26B RCW;RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:PART 1ACCESS TO COURT RECORDSSec.

and adding a new section to chapter 26.26B RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:PART 1ACCESS TO COURT RECORDS, ENTRY OF PROTECTIVE ORDERS, USE OF MANDATORY FORMS, AND CRITERIA FOR NOTICE OF A PROCEEDING TO ADJUDICATE PARENTAGESec.

((Other papers and records are available for public inspection only with the consent of the parties or by court order.))Except as provided by applicable court rules, records entered after the entry of a final order determining parentage in a proceeding under this chapter are publicly accessible.Sec.accessible.PART 2COMPLIANCE WITH FOOD AND DRUG ADMINISTRATION REGULATIONSSec.

1002.

RCW 26.26A.470 and 2018 c 6 s 515 are each amended to read as follows:(1) In a proceeding under RCW 26.26A.400 through 26.26A.515, the court may issue a temporary order for child support if the order is consistent with law of this state other than this chapter and the individual ordered to pay support is:(a) A presumed parent of the child;(b) Petitioning to be adjudicated a parent;(c) Identified as a genetic parent through genetic testing under RCW 26.26A.325;(d) An alleged genetic parent who has declined to submit to genetic testing;(e) Shown by clear and convincing evidence to be a parent of the child;

or(f) A parent under this chapter.(2) A temporary order may include a provision for parenting time and visitation under law of this state other than this chapter.(3) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:(a) Molesting or disturbing the peace of another party;(b) Going onto the grounds of or entering the home, workplace, or school of another party or the day care or school of any child;(c) Knowingly coming within, or knowingly remaining within, a specified distance from a specified location;

and(d) Removing a child from the jurisdiction of the court.(4) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW on a temporary basis.

The court may grant any of the relief provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be provided for under this chapter, and any of the relief provided in RCW 10.14.080.

Ex parte orders issued under this subsection shall be effective for a fixed period not to exceed fourteen days, or upon court order, not to exceed twenty-four days if necessary to ensure that all temporary motions in the case can be heard at the same time.(5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing another party, or from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, shall prominently bear on the front page of the order the legend:

VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.(6) The court shall order that any temporary restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order.

Upon receipt of the order, the law enforcement agency shall enter the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants.

The order is fully enforceable in any county in the state.(7) If a restraining order issued pursuant to this section is modified or terminated, the clerk of the court shall notify the law enforcement agency specified in the order on or before the next judicial day.

Upon receipt of notice that an order has been terminated, the law enforcement agency shall remove the order from any computer-based criminal intelligence information system.(8) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.(9) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.

In issuing the order, the court shall consider the provisions of RCW 9.41.800.(10) A temporary order, temporary restraining order, or preliminary injunction:(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;(b) May be revoked or modified;(c) Terminates when the final order is entered or when the petition is dismissed;

and(d) May be entered in a proceeding for the modification of an existing order.(11) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection.

Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding.

An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter.

The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.(12) Any party may request the court to issue any order referenced by RCW 9.41.800.NEW SECTION.  Sec.

1003.

A new section is added to chapter 26.26A RCW to read as follows:(1) Effective January 1, 2020, a party shall not file any pleading with the clerk of the court in an action commenced under this chapter unless on forms approved by the administrator for the courts.(2) The administrative office of the courts shall develop and approve standard court forms and format rules for mandatory use by litigants in all actions commenced under this chapter effective January 1, 2020.

The administrative office of the courts has continuing responsibility to develop and revise mandatory forms and format rules as appropriate.Sec.

1004.

RCW 26.26A.410 and 2018 c 6 s 503 are each amended to read as follows:(1) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals:(a) The woman who gave birth to the child, unless a court has adjudicated that she is not a parent;(b) An individual who is a parent of the child under this chapter;(c) A presumed, acknowledged, or adjudicated parent of the child;

and(d) An individual whose parentage of the child is to be adjudicated.(2) An individual entitled to notice under subsection (1) of this section has a right to intervene in the proceeding.(3) Lack of notice required by subsection (1) of this section does not render a judgment void.

Lack of notice does not preclude an individual entitled to notice under subsection (1) of this section from bringing a proceeding under RCW 26.26A.450(2).(4) Notice must be by service of the summons and complaint on all parties entitled to receive notice under subsection (1) of this section.PART 2COMPLIANCE WITH FOOD AND DRUG ADMINISTRATION REGULATIONSSec.

The court may convert the matter to a proceeding to challenge the acknowledgment on its own motion.PART 4CLARIFYING4CORRECTING THECITATIONS CRIMESAND INCLUDEDTERMINOLOGYSec. IN SEXUAL ASSAULT FOR PURPOSES OF PRECLUSION OF PARENTAGESec.

RCW 26.26A.465 and 2018 c 6 s 514 are each amended to read as follows:(1) For the purposes of this section, "sexual assault" means nonconsensual sexual penetration that results in pregnancy.(2) In a proceeding in which a parent alleges that a person committed a sexual assault that resulted in the parent becoming pregnant and subsequently giving birth to a child, the parent may seek to preclude the person from establishing or maintaining the person's parentage of the child.

A parent who alleges that a child was born as a result of sexual assault may also seek additional relief as described in this section.(3) This section does not apply if((:))the person described in subsection (2) of this section has previously been adjudicated in a proceeding brought under RCW 26.26A.400 to be a parent of the child, except as may be specifically permitted under subsection (4) of this section.(4) Unless RCW 26.26A.240 or 26.26A.430 applies, a parent must file a pleading making an allegation under subsection (2) of this section not later than four years after the birth of the child, except that for a period of one year after January 1, 2019, a court may waive the time bar in cases in which a presumed, acknowledged, or adjudicated parent was found in a criminal or separate civil proceeding to have committed a sexual assault against the parent alleging that the child was born as a result of the sexual assault.(5) If a parent makes an allegation under subsection (2) of this section and subsection (3) of this section does not apply, the court must conduct a fact-finding hearing on the allegation.(a) The court may not enter any temporary orders providing residential time or decision making to the alleged perpetrator prior to the fact-finding hearing on the sexual assault allegation unless both of the following criteria are satisfied:

(i) The alleged perpetrator has a bonded and dependent relationship with the child that is parental in nature;

and (ii) the court specifically finds that it would be in the best interest of the child if such temporary orders are entered.(b) Prior to the fact-finding hearing, the court may order genetic testing to determine whether the alleged perpetrator is biologically related to the child.

If genetic testing reveals that the alleged perpetrator is not biologically related to the child, the fact-finding hearing must be stricken.(c) Fourteen days prior to the fact-finding hearing, the parent alleging that the child was born as a result of a sexual assault shall submit affidavits setting forth facts supporting the allegation and shall give notice, together with a copy of the affidavit, to other parties to the proceedings, who may file opposing affidavits.

Opposing affidavits must be submitted and served to other parties to the proceeding five days prior to the fact-finding hearing.(d) The court shall determine on the record whether affidavits and documents submitted for the fact-finding hearing should be sealed.(6) An allegation under subsection (2) of this section may be proved by:(a) Evidence that the person was convicted of or pleaded guilty to a sexual assault under RCW 9A.44.040, 9A.44.050, or 9A.44.060, or a comparable crime of sexual assault ((in)), including child rape of any degree, in this state or any other jurisdiction, against the child's parent and the child was born within three hundred twenty days after the sexual assault;

or(b) Clear, cogent, and convincing evidence that the person committed sexual assault, as defined in this section, against the child's parent and the child was born within three hundred twenty days after the sexual assault.(7) Subject to subsections (1) through (5) of this section, if the court determines that an allegation has been proved under subsection (6) of this section at the fact-finding hearing or after a bench trial, the court shall:(a) Adjudicate that the person described in subsection (2) of this section is not a parent of the child, has no right to residential time or decision-making responsibilities for the child, has no right to inheritance from the child, and has no right to notification of, or standing to object to, the adoption of the child.

If the parent who was the victim of the sexual assault expressly consents in writing for the court to decline to enter one or more of these restrictions or limitations, the court may do so;(b) Require the state registrar of vital statistics to amend the birth record if requested by the parent and the court determines that the amendment is in the best interest of the child;

and(c) Require the person pay to child support, birth-related costs, or both, unless the parent requests otherwise and the court determines that granting the request is in the best interest of the child.(8) The child's parent or guardian may decline an order for child support or birth-related costs.

If the child's parent or guardian declines an order for child support, and is either currently receiving public assistance or later applies for it for the child born as a result of the sexual assault, support enforcement agencies as defined in this chapter shall not file administrative or court proceedings to establish or collect child support, including medical support, from the person described in subsection (2) of this section.(9) If the court enters an order under subsection (8) of this section providing that no child support obligation may be established or collected from the person described in subsection (2) of this section, the court shall forward a copy of the order to the Washington state support registry.(10) The court may order an award of attorneys' fees under this section on the same basis as attorneys' fees are awarded under RCW 26.09.140.(11) Any party may move to close the fact-finding hearing and any related proceedings under this section to the public.

If no party files such a motion, the court shall determine on its own initiative whether the fact-finding hearing and any related proceedings under this section should be closed to the public.

Upon finding good cause for closing the proceeding, and if consistent with Article I, section 10 of the state Constitution, the court may:(a) Restrict admission to only those persons whom the court finds to have a direct interest in the case or in the work of the court, including witnesses deemed necessary to the disposition of the case;