Your calls are needed to stop HB2193- Allowing any Person to
Petition for Visitation Rights of Your Children!
The Washington State legislative session doesn’t begin until January 9, 2012, but in December bills can be pre-filed. CHN has been monitoring several bills and we need your help TODAY to stop HB2193 in its tracks!
For the past several years an advocacy group has been working on a “Third Party Visitation” bill. In 2010 they introduced HB2124. CHN was the only organization to testify against this bill and defend a fit parent’s rights. Many of you called your legislators and together we were able to stop this bill in committee.
Last session, CHN was able to stop this bill again. As a courtesy, CHN worked with some members in the House on a much needed bill to give grandparents legal standing in dependency cases. This bill involved parents who were found to have been unfit and gave grandparents more rights to intercede for their grandchildren. However, the above mentioned group which advocates for grandparent’s rights took no action on this bill.
Instead, they have chosen to continue their work on “Third Party Visitation.” For the past several months CHN has been monitoring this situation. To our dismay, many Republican members have now sponsored their bill. HB2193 was pre-filed December 15th and is expected to have a hearing in the upcoming 2012 legislative session.
HB 2193 http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2193&year=2011
CHN has contacted these republican Representatives and informed them of our concerns. We have also asked that they rescind their sponsorship of HB2193. It is possible that some legislators do not understand the dangers of this bill and how it will erode a fit parent’s rights.
This is where we need your help. If you are constituents of the following representatives, please call or e-mail them with your concerns and respectfully ask that they rescind their sponsorship of HB2193. (If these representatives will rescind their sponsorship of this bill it is possible that HB2193 will die this session.)
Rep.Nealey-16th dist. (R) (509) 526-6284 terry.nealey@leg.wa.gov
Rep.Rivers-18th dist. (R) (360)786-7850 ann.rivers@leg.wa.gov
Rep.Walsh-16th dist. (R) (509) 543-3325 maureen.walsh@leg.wa.gov
Rep.Fagan-9th dist. (R) (360) 786-7942 susan.fagan@leg.wa.gov
Below is some suggested language for your use:
Please oppose HB2193. This bill interferes with a fit parent's fundamental right to
direct the care, custody, and control of their children. No person, especially someone who is not related to the child, should be able to petition for visitation rights against the will of a fit parent. This is a clear violation of parent’s Fourteenth Amendment Rights of Due Process as previously ruled on in the 2000 Supreme Court decision, Troxel versus Granville.
HB2193 would cause a fit parent, who has done nothing wrong to be taken to court and thereby shift their authority to a judge who will decide if the fit parent’s decision is reasonable.
Allowing courts to determine visitation in a situation where the family is still intact will jeopardize family integrity.
I respectfully ask that you rescind your sponsorship of HB2193. I look forward to your response.
It is not necessary to identify yourself as a homeschooler; instead you can identify
yourself as a concerned parent and taxpayer.
Always remember to include your address and contact information in any correspondence with a legislator.
Everyone else call the Legislative Hotline 1-800-562-6000
Ask your legislators to support parental rights by opposing HB2193.
The hotline is open Monday- Friday 8:00 am to 4:30 pm (and after 1/9 Sat 9am-1pm)Hotline staff can help you find your legislators if you do not know who they are.They can also take a brief message that will be forwarded to your legislators.
If you want to e-mail your legislators use the Legislative automated e-mail system: https://dlr.leg.wa.gov/MemberEmail/Default.aspx?Chamber=H
For legislators office numbers go to www.leg.wa.gov
To assist CHN is our efforts to track legislators positions on this issue, we appreciate that you forward responses to CHN at chnow@msn.com
History:
HB2193 is the latest of the on-going barrage of bills we have seen since 2003 purportedly involving “grandparent visitation.” However, recent bills have been much broader and seek to allow for anyone to petition the court for visitation of a parent’s child. …a person who is not the parent of the child may petition for visitation with the child if the person has established an ongoing and substantial relationship with the child (HB2193), thereby legally opening up visitation rights to persons such as teachers, school counselors, abortion providers, Internet predators, and more.
Third party visitation laws in Washington State were deemed to be unconstitutional in the 2000 US Supreme Court case of Troxel v. Granville. In that case the court reaffirmed the Due Process Clause of the Fourteenth Amendment, which protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.
“According to Justice O’Connor, the Washington State trial judge merely substituted his own notion of good parenting for the mother’s wishes. Justice O’ Connor stated that, ’The Due Process Clause does not permit a State to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a 'better’ decision could be made.’” http://www.hslda.org/docs/hshb/24/hshb2421.asp
CHN acknowledges the importance of family members, especially grandparents, to be involved in the lives of children. We, too, are grieved with the stories of grandparents who are not able to take part in their grandchildren’s lives. However, we can not support legislation which would cause a fit parent, who has done nothing wrong, to be taken to court shifting their legal parental authority to a judge who will decide if the fit parent’s decision is reasonable.
Currently, HB2193 is very narrowly scoped, however that does not mean it will stay that way. HB2193 is similar to HB2124 which was defeated in 2010. At the hearing for HB2124 almost all of the supporters wanted the bill to be less restrictive. It is important to note that some states have passed narrowly-scoped laws only to amend them a few years later making them less restrictive. We do not know how many times we have heard from lobbyists and legislators “just get the bill passed we can fix it later,” - the old “camel’s nose under the tent” trick.
Some concerns with HB2193:
- The parent would be forced to explain their reason to deny visitation in open court, which is a public record. The burden of “guilt” would be shifted to the parent to explain why they have denied visitation to a petitioner, allowing the court to decide if the fit parents are being reasonable or not.
- Under current law the government does not interfere until the parent has been found to be “unfit.” This law would be radically altered and now allow the court to overrule a “fit” parent’s decision.
- While HB2193 seemingly prohibits any person from petitioning a court for visitation rights if both parents are living together with the child, there is little in the bill that would prevent a petition from being filed, forcing both parents to hire an attorney and submit evidence to the court that the petition should not have been filed. While a court may grant reasonable attorney’s fees and costs to the parents in this situation, it is discretionary.
- HB2193 discriminates against single parents. A person may not petition for visitation if the child’s two parents, living together with the child, deny visitation. However, a single parent will not be given this same protection.
As if being a single parent makes you any less capable of making decisions for your family.
CHN……Your homeschooling voice in Olympia!
CHN is legislative liaison to Christian Heritage Home Educators www.ChristianHeritageOnline.org
© 2010 CHN all rights reserved. Permission to copy and distribute if copied in its entirety, or contact chnow@msn.com If you support the work of the Christian Homeschool Network, please join us at http://www.chnow.org/page44.aspx
This information is not intended to be and does not constitute the giving of legal advice. Before making any decisions that could affect the legal status of your homeschool program contact Home School Legal Defense Association www.HSLDA.org for advice. 
|