| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to restoring parenting time lost due to unfounded allegations of child abuse or neglect made by one parent against the other; |
| Bill Description | Restoring parenting time lost. |
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What this bill does
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This bill adds a new statutory procedure in chapter 26.09 RCW allowing a "denied parent" to move the court to restore residential time that was reduced, suspended, denied, or restricted after an allegation of child abuse or neglect that later resulted in an "unfounded outcome." If the court finds the allegation was unfounded based on the required proof, the court must restore the parent's full residential time and award additional time equal to the time lost; the court may award double the lost time if it finds by a preponderance of the evidence the allegation was made solely to interfere with residential time and doubling is in the child's best interest. The motion filing has no fee, the court must hold a prompt hearing (the extracted text contains conflicting deadlines of 20 days and 30 days and it is unclear which applies), any doubled time must be used within 12 months, and the court must award the denied parent reasonable attorneys’ fees, expert fees, costs, travel expenses, and lost wages assessed against the alleging parent.
The bill also creates enforcement and penalty mechanisms and changes procedures and standards in existing family law provisions. A denied parent may seek contempt to enforce a restoration order; on contempt the court must order additional time equal to lost time, reimbursement of costs and fees, a civil penalty of $100 to $500 per day of lost time, and may impose up to 30 days county jail for willful noncompliance. The act amends RCW 26.09.260 and 26.09.191 to treat an unfounded abuse or neglect allegation as a substantial change of circumstances with a presumption that restoration or expansion of time is in the child's best interest (rebuttable only by clear and convincing evidence of serious endangerment), clarifies circumstances for limiting or precluding residential time, and addresses delegation of a military parent's residential time during deployment. The bill also tightens supervised visitation procedures (written guidelines, signed acknowledgments, professional-supervisor presumption), permits ex parte temporary suspension of residential time with a review hearing within 14 days, authorizes court-ordered evaluations and treatment tied to parenting time, requires specific notifications for founded and unfounded child-protection reports under RCW 26.44.100, and directs the Administrative Office of the Courts to provide a short judicial education module under chapter 2.56 RCW.
The changes are a mix of new law (the restoration motion and related procedures), amendments to existing law (RCW 26.09.260, 26.09.191, 26.44.100, and a new section in chapter 2.56 RCW), procedural changes (motions, hearing timelines, supervision and ex parte procedures, evaluation and treatment authority), and new civil penalties and enforcement options for noncompliance. Important statutory text and definitions cited as "section 1 of this act" and portions of RCW 26.09.260 and other subsections are missing or truncated in the extracted facts, so some specific definitions, cross-referenced provisions, and exact deadlines or numeric limits are unclear from the provided material.
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Why it matters
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If enacted, the bill makes it much easier and faster for a parent who lost court-ordered time with their child because the other parent accused them of abuse or neglect—and the allegation was later found “unfounded”—to get that time back and to recover additional time and money. Courts would be required to hold an expedited hearing to consider restoring the denied parent’s full parenting time and to add back the time lost (and in some bad‑faith cases double it, to be used within a year), allocate the makeup time across weekends, holidays, school breaks and special occasions, and order the alleging parent to pay the denied parent’s attorneys’ and expert fees, court costs, travel, lost wages, plus civil penalties of $100–$500 per day for contempt and even short-term jail for noncompliance. Military parents are protected from having routine short absences treated as a permanent change, temporary custodianship ends quickly on notice, and courts can temporarily delegate a deployed parent’s time to close family when in the child’s best interest.
The groups most affected will be parents (denied parents gain a quicker path to restore time and financial remedies; alleging parents face higher financial and legal risks and possible jail if found in bad faith), family courts (faster hearings, new written findings and supervision rules, and orders to oversee professional supervision programs), supervisors/programs providing supervised visitation (new acknowledgment and guideline requirements), DCYF and law enforcement (their dispositions trigger restoration remedies), and county jails (limited contempt incarcerations). The Administrative Office of the Courts must add a short judicial education module within existing resources. Key parts of the act are missing from the provided text and there is a clear conflict in the extracted deadlines for the hearing (one part says 20 days, another says 30 days), so some implementation details and exact timing remain uncertain.
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| Official Documents | View Full Bill Text |