BP BHEAD INT H

AN ACT Relating to visitation; amending RCW 26.09.240 and 26.33.295; and adding a new section to chapter 26.33 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 26.09.240 and 1989 c 375 s 13 are each amended to read as follows:

((~~The court may order visitation rights for a person other than a parent when visitation may serve the best interest of the child whether or not there has been any change of circumstances.~~

~~A person other than a parent may petition the court for visitation rights at any time.~~

~~The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child.~~)) (1) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. A person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.

(2) A petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides.

(3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition or motion is dismissed for failure to establish the existence of a significant relationship, the petitioner or intervenor shall be ordered to pay reasonable attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.

(4) The court may order visitation between the petitioner or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child's best interests.

(5)(a) Visitation with a grandparent shall be presumed to be in the child's best interests when a significant relationship has been shown to exist. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.

(b) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and one or both of the parents or person with whom the child lives, the court may set the matter for mediation under RCW 26.09.015.

(6) The court may consider the following factors when making a determination of the child's best interests:

(a) The strength of the relationship between the child and the petitioner;

(b) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;

(d) The effect that granting visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(e) The residential time sharing arrangements between the parents;

(f) The good faith of the petitioner;

(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and

(h) Any other factor relevant to the child's best interest.

(7) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a parent. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.

(8) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.

(9) Visitation granted pursuant to this section shall be incorporated into the parenting plan for the child.

(10) The court may modify or terminate visitation rights granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child.

Sec. 2. RCW 26.33.295 and 1990 c 285 s 4 are each amended to read as follows:

(1) Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive parents, ((~~and~~)) a birth parent or parents, and grandparents.

(2) Agreements regarding communication with or contact between child adoptees, adoptive parents, grandparents, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section. The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights have not previously been terminated, grandparents, and, if the child is in the custody of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the child is represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child-custody proceeding, the terms of the proposed order also must be approved in writing by the child's representative. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, grandparents, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the child adoptee's best interests.

(3) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by the court as provided in this chapter.

(4) An agreed order entered pursuant to this section may be enforced by a civil action and the prevailing party in that action may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys' fees. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the child adoptee, and that: (a) The modification is agreed to by the adoptive parent and the birth parent or parents, and any grandparent subject to the agreed order; or (b) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

NEW SECTION. Sec. 3. A new section is added to chapter 26.33 RCW to read as follows:

(1) A grandparent may petition the court for visitation with a grandchild who is or has been adopted under the following circumstances:

(a) The child of the grandparent who is the parent of the grandchild has died and the child was adopted after the parent's death;

(b) The child has been adopted by a stepparent who is the new spouse of one of the parents;

(c) The child has been adopted by another grandparent or grandparents, other member of the child's extended family, or a friend of the birth parents or grandparents who is known to the child or grandparents;

(d) The child's birthparent's parental rights have been terminated, if the grandparents allege that they will comply with any order restricting the grandparents from giving information about the child to the birthparents; or

(e) When the adoptive parents agree to the petition.

(2) The court must grant the petition for visitation if the court finds that visitation with the grandparents is in the child's best interests. Visitation with the child is presumed to be in the child's best interests if the adoptive parents agree to visitation by the grandparents; if the child has been adopted by another grandparent, family member, friends, or a stepparent who is the spouse of one of the parents; or if the grandparent's child who is the parent of the child has died. The court may find that visitation with the grandparent is in the child's best interests even if the birth parent's rights have been terminated provided the court finds that the termination order will not be undermined. Opposition to the petition by a parent, stepparent, other grandparent, relative, or friend that has adopted the child is, by itself, an insufficient ground to find that visitation with the petitioning grandparent in not in the child's best interest.