BILL REQ. #:  S-1581.1 

Read first time 02/12/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to visitation by caregivers in dependency matters; and amending RCW 13.34.385.

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

Sec. 1   RCW 13.34.385 and 2008 c 259 s 1 are each amended to read as follows:
     (1) A relative or caregiver of a dependent child may petition the juvenile court for reasonable visitation with the child if:
     (a) The child has been found to be a dependent child under this chapter;
     (b) The parental rights of both of the child's parents have been terminated;
     (c) The child is in the custody of the department or another public or private agency; and
     (d) The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the petition for visitation is filed.
     (2) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department or public or private agency having custody of the child, the child's attorney or guardian ad litem if applicable, and the child. The court shall also order the custodial agency to give prior notice of any hearing to the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
     (3) The juvenile court may grant the petition for visitation if it finds that the requirements of subsection (1) of this section have been met, and that unsupervised visitation between the child and the relative or caregiver does not present a risk to the child's safety or well-being and that the visitation is in the best interests of the child. In determining the best interests of the child the court shall consider, but is not limited to, the following:
     (a) The love, affection, and strength of the relationship between the child and the relative or caregiver;
     (b) The length and quality of the prior relationship between the child and the relative or caregiver;
     (c) Any criminal convictions for or founded history of abuse or neglect of a child by the relative or caregiver;
     (d) Whether the visitation will present a risk to the child's health, welfare, or safety;
     (e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference;
     (f) Any other factor relevant to the child's best interest.
     (4) The court may order visitation with a caregiver only if it finds the requirements in subsection (3) of this section are proved by clear and convincing evidence.
     (5) The visitation order may be modified at any time upon a showing that the visitation poses a risk to the child's safety or well-being. The visitation order shall state that visitation will automatically terminate upon the child's placement in a preadoptive home, if the child is adopted, or if there is a subsequent founded abuse or neglect allegation against the relative or caregiver.
     (((5))) (6) The granting of the petition under this section does not grant the relative or caregiver the right to participate in the dependency action and does not grant any rights to the relative or caregiver not otherwise specified in the visitation order.
     (((6))) (7) This section is retroactive and applies to any eligible dependent child at the time of the filing of the petition for visitation, regardless of the date parental rights were terminated.
     (((7))) (8) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020(2)(a), except parents.
     (((8))) (9) For the purpose of this section, "caregiver" means a person who has lived with the child in the same household for at least six months and has assumed all parental duties without expectation of compensation. "Compensation" does not include foster care payments or child-only TANF grants.
     (10) This section is intended to provide an additional procedure by which a relative or caregiver may request visitation with a dependent child. It is not intended to impair or alter the ability a court currently has to order visitation with a relative under the dependency statutes.