Fill and Sign the Attorneys Certificate of Compliancepdf Fpdf DOC DOCX Form

RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 1 of 6 Superior Court of Washington, County of In re: Petitioner/s (as listed on the Petition ): And Respondent/s (as listed on the Petition) : No. Order after Sexual Assault Fact -Finding Hearing (OSAFFH) [ ] Clerk’s action required: 14 Order after Se xual Assault Fact -Finding Hearing 1. A [ ] Petition to Stop Parentage Based on Sexual Assault or [ ] Sexual Assault Allegation was filed by (name) : . A fact -finding hearing was held on (date): with t he following people present: 2. The court h as considered the Petition to Stop Parentage Based on Sexual Assault or Sexual Assault Allegation , any Response , supporting or opposing declaration/s or other evidence, other documents from the court record identified by the court, if any, and any testimon y or argument.  Findings & Conclusions 3. Time limits and waiver The law sets time limits for starting this case. If the time limits for the child who have a presumed, acknowledged, or adjudicated parent have already passed, the law allows the court to w aive the time limit if this case is filed before January 1, 2020. The alleged or convicted sexual assault perpetrator is a/n: (Check one): [ ] Possible Genetic Parent who is not a presumed, acknowledged , or adjudicated parent . There is no time limit for starting this case. RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 2 of 6 [ ] Presumed parent - The sexual assau lt allegation was filed: [ ] on or before each child’s 4 th birthday. [ ] after a child’s 4 th birthday but before Janu ary 1, 2020 . A party asked the court to waive the time limit. [ ] The presumed parent was found in a separate criminal or civil proceeding to have commit ted a sexual assault. [ ] The court should not waive the time limit because: . [ ] Acknowledged parent - The sexual assault allegation was filed : [ ] less than 4 ye ars after the effective date of the Acknowledgment of Parentage . [ ] more than 4 years after the effective date of the Acknowledgment of Parentage , but before January 1, 2020. A party asked the court to waive the time limit. [ ] The acknowledged parent was found in a separate criminal or civil proceeding to have committed sexual assault. [ ] The court should not waive the time limit because: . [ ] Adjudicated parent - The sexual assault allegation was filed before January 1, 2020. A party asked the court to waive the time limit. [ ] The adjudicated parent was found in a separate criminal or civil proceeding to have committed sexual assault . [ ] The court should not waive the time limit because: . Conclusion: [ ] Time limits do not apply . [ ] The sexual assault allegation was filed within the time limits. [ ] The sexual assault allegation was filed after the time limit but before January 1, 2020. The court (check one): [ ] waives the time limit. [ ] does not waive the time limit. Th e court will not stop parentage based on sexual assault. 4. Sexual Assault [ ] Not proved – There is no evidence that ( name ): was criminally convicted of sexual assault against the birth parent resulting in pregnancy and the birth of the child was withi n 320 days; AND there is not clear, cogent , and convincing evidence to prove that (name): committed sexual assault against the birth parent resulting in pregnancy and the birth of the child was within 320 days (specify facts supporting this finding): RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 3 of 6 Conclusion : The court will not stop parentage based on sexual assault. [ ] Proved – (name): (check one): [ ] was convicted of or plead ed guilty to a sexual assault against the birth parent under RCW 9A.44.040, 9A.44.050, 9A.44.060 (rape in th e first, second , or third degree), or a comparable crime of sexual assault including rape of a child of any degree, in the state or in any other jurisdiction, and the child was born within 320 days after the sexual assault. [ ] committed sexual assault a gainst the birth parent that was nonconsensual sexual penetration resulting in pregnancy, and the child was born within 320 days after the sexual assault. The court makes this finding by the following clear, cogent , and convincing evidence (specify facts supporting this finding): Conclusion: The person who committed the sexual assault is not a legal parent of the child even if genetic testing shows that s/he is the biological parent . The court must enter orders consistent with RCW 26.26 A. 465. Unless the birth parent expressly agrees in writing, the person who committed the sexual assault does not have the right to:  residential time with the child.  make decisions for the child.  inherit from the child.  be notified about or object to ado ption of the child. 5. Parentage [ ] Does not apply because the court did not find that the children were born as a result of sexual assault. [ ] The person w ho committed the sexual assault should not be a legal parent of the child . RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 4 of 6 6. Birth parent’ s request [ ] Does not apply because the co urt did not find that the child was born as a result of sexual assault. [ ] Birth parent did not ask the court to give the person who committed sexual assault any rights to the child. [ ] Birth parent expressly consented in writing for the court to give the person who committed the sexual assault the following right/s to the child even though s/he is not a parent: [ ] residential time with the child. [ ] make decisions for the child. [ ] inherit from the ch ild. [ ] be notified about or object to adoption of the child. 7. Birth Record [ ] Does not apply because the court did not find that the child was born as a result of sexual assault. [ ] The birth parent did not ask the court to change the birth recor d. [ ] The birth parent asked the court to change the birth re cord: [ ] Child’s Name – Change it to: Conclusion: This request (check one): [ ] is in the child’s best interests. The child’s name change should be included in the final order entered i n this case. [ ] is not in the child’s best interest. The child’s name should not be changed. [ ] Parents Listed: Change parents listed on the child’s birth record based on the FRXUW¶VSDUHQWDJHGHFLVLRQ Conclusion: This request (check one): [ ] is in the child’s best interests. Respondent’s name should be removed as a parent from the child’s birth records. [ ] is not in the child’s best interest. Respondent’s name should not be removed as a parent from the child’s birth records. 8. Child Support [ ] Does not apply because the court did not find that the child was born as a result of sexual assault. [ ] The court should order the person who committed sexual assault to pay child support and/or birth related costs. Conclusion: The court s hould enter a Child Support Order or money judgment separately. (If the person who committed sexual assault is not a legal parent, use form FL Parentage 386 , Child Support Order, to order child support.) RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 5 of 6 [ ] The birth parent asked the court not to order child support and/or birth related costs . Conclusion: This request (check one): [ ] is in the child’s best interests. The court should include in the final order that no child support obligation may be established or collected from the person who com mitted sexual assault. [ ] is not in the child’s best interest. The court should enter a Child Support Order or money judgment separately. (If the person who committed sexual assault is not a legal parent, use form FL Parentage 386 , Child Support Order, to order child support.) 9. Genetic Testing [ ] Genetic testing was not done or the results were not admitted. [ ] Genetic testing was admitted. The test results show a 99% or greater probability that (name ): is the biological parent of (child’s na me ): . 10. Document Sealing The declarations and other evidence filed for the fact -finding hearing (check one): [ ] should [ ] should not be sealed because (explain): . 11. Lawyers’ Fees [ ] Each party should pay his or her own lawyers’ fee s. [ ] (Name): incurred lawyers’ fees, and needs help to pay those fees. (Name): has the ability to help pay fees and should be ordered to pay $_______________. A money judgment will be filed separately or will be included in the final order for th is case. The court finds that the amount ordered is reasonable. 12. Other findings or conclusions (if any)  Court Orders 13. Parentage [ ] This order does not decide parentage because the court did not find that the child was born as a result of sexua l assault. The court will decide parentage and may order other relief in separate final orders. [ ] The person who committed the sexual assault (name): is not a legal parent of the child, and (check one): RCW 26.26A.465 (07/2019 ) FL Parentage 3 85 Order after Sexual Assault Fact -Finding Hearing p. 6 of 6 [ ] has no rights to the child . [ ] has limited rights based on the birth parent ’s express written consent. The court will order other relief as stated in the above findings and in the final orders to be filed separately. 14. Document Sealing The declarations and other evidence filed for the fact -finding hearing will (check one): [ ] not be sealed. [ ] be sealed. Neither the public nor the parties will have access to these documents unless a court order allows it. (If this box is checked, also check the “Clerk’s action required” box on page 1.) Clerk’s Action . The court clerk will seal the following documents (specify): 15. Other Orders (if any) Ordered. Date Judge or Commissioner Petitioner and Respondent or their lawyers fill out below. This order (check any that apply) : This order (check any that apply) : [ ] is an agreement of the parties [ ] is an agreement of the parties [ ] is presented by me [ ] is presented by me [ ] may be signed by the court without notice to me [ ] may be signed by the cour t without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Date Print Name Date