SSB 5431 -
By Representative Short
ADOPTED 04/08/2009
On page 1, line 9, after "child." insert "Pursuant to RCW 13.34.060 and 13.34.130, placement of the child with a relative is the preferred option. The department must consider placement with a grandparent who has a significant relationship with a child, and must weigh the nonexclusive factors in section 2(4) of this act."
Beginning on page 1, line 14, after "care," strike all material
through "and the" on page 2, line 3, and insert "and the department
cannot locate an appropriate and available grandparent or other
relative, the preferred nonrelative placement for the child is in a
foster family home where the child previously was placed, if the
following conditions are met:
(a) The foster family home is available and willing to care for the
child;
(b) The foster family is appropriate and able to meet the child's
needs; and
(c) The"
On page 2, after line 3, insert the following:
"(3) In selecting the placement for a child being returned to
foster care, the department shall give weight to the child's length of
stay and attachment to the caregivers in the previous placements in
determining what is in the best interest of the child.
NEW SECTION. Sec. 2 A new section is added to chapter 13.34 RCW
to read as follows:
(1) To provide stability for children in out-of-home care,
placement selection shall be made with a view toward the fewest
possible placements for each child. If possible, the initial placement
shall be viewed as the only placement for the child. The use of short-
term interim placements of thirty days or less to protect the child's
health or safety while the placement of choice is being arranged is not
a violation of this principle.
(2) If a child has been previously placed in out-of-home care and
is subsequently returned to out-of-home care, the court must consider
placement with a grandparent who has a significant relationship with a
child, and must weigh the nonexclusive factors in subsection (4) of
this section.
(3) If the department cannot locate an appropriate and available
relative, the preferred placement for the child is in a foster family
home where the child previously was placed, if the following conditions
are met:
(a) The foster family home is available and willing to care for the
child;
(b) The foster family is appropriate and able to meet the child's
needs; and
(c) The placement is in the best interest of the child.
(4) In selecting the placement for a child being returned to foster
care, the court shall give weight to the child's length of stay and
attachment to the caregivers in the previous placements and shall
consider the following nonexclusive factors in determining what is in
the best interest of the child:
(a) The love, affection, and strength of the relationship between
the child and the caregiver;
(b) The length and quality of the relationship between the child
and the caregiver, including the roles performed by the caregiver and
the emotional ties between the child and the caregiver;
(c) The child's reasonable preference, if the court finds the child
is of sufficient age or maturity to express a preference;
(d) The good faith of the caregiver in seeking to have the child
placed in his or her home;
(e) The criminal history, if any, of the caregiver as determined by
a criminal history background check required by law;
(f) The caregiver's history of any adverse actions, including
findings relating to child abuse and neglect by the caregiver;
(g) If applicable, the number of placement changes the child
already has experienced and the potential impact of an additional
change in placement to the caregiver's home;
(h) The child's current level of functioning at home and in school
or early learning programs, and child care programs;
(i) Whether placement with the caregiver would allow the child:
(i) To remain in the same school, child care center, or early
learning program, or to continue participating in any extracurricular
activities that contribute to the child's healthy development with
peers;
(ii) To participate in court-ordered visitation with parents and
siblings;
(iii) To access any court-ordered services intended to promote the
child's health, safety, and well-being;
(iv) To participate in other activities designed to achieve the
permanency goal for the child; and
(j) Any other factors relevant to the child's best interests."
Correct the title.
EFFECT: For children returning to foster care,
(1) Clarifies that the bill is consistent with existing statute
regarding a preference for relative placement in child dependency
cases, but does not create such a preference.
(2) Requires the DSHS and the court to consider placing the child
with a grandparent who has a significant relationship with a child.
(3) Establishes that when a relative placement is not available,
the second priority for placement is with a foster family with whom the
child lived previously if certain conditions are met.
(4) Specifies that in determining which placement option is in the
child's best interests, the DSHS and the court must weigh the child's
length of stay and attachment to the caregivers in previous placements.
(5) Directs the court to consider a nonexclusive list of factors in
selecting the child's placement and determining what is in the child's
best interests.