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Committee Hears Support for Bill to Create Constitutional Floor for Parental Rights
Summary
Witnesses and experts urged the Civil Rights and Judiciary Committee to advance House Bill 27-35, which would codify a 'constitutional floor' in family law (called 'Troxell 2' in testimony) to reinforce a presumption of parental fitness and require reviewable findings before severely restricting parental rights. No vote was taken at the hearing.
The Civil Rights and Judiciary Committee heard public testimony Feb. 25 on House Bill 27-35, a proposal to establish a statutory 'constitutional floor' for parental rights in Washington family-law proceedings. Staff described the measure as adding legislative intent language to RCW chapter 26.09 to emphasize a presumption of parental fitness, equal standing for similarly situated parents, and a duty to cooperate.
Representative Rob Chase, prime sponsor, framed the bill as following the constitutional principles recognized by the U.S. Supreme Court in Troxel v. Granville and said the measure (referred to in testimony as 'Troxell 2') aims to reduce costly, prolonged litigation and the harm it causes to children. "I think Troxell 2 would get rid of a lot of the pain in these family law situations," Chase said.
Several parents who described extended, adversarial cases told the committee that current processes can remove meaningful contact between fit…
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