BILL REQ. #:  S-1602.1 

Read first time 02/13/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to specifying that qualified grandparents are the priority placement option for children needing out-of-home care in dependency proceedings; and adding a new section to chapter 13.34 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 13.34 RCW to read as follows:
     (1) For the purposes of this section, "qualified grandparent" means a person who:
     (a) Is the parent of a child's father or mother, and who is related to the child by blood, adoption, or marriage;
     (b) Has a significant relationship with the child;
     (c) Has performed parenting functions as defined in RCW 26.09.004 for the child on a regular or routine basis, or who has served as the primary residential care provider for the child; and
     (d) Is willing and able to be the selected placement option for the child.
     (2) In determining whether placement with a qualified grandparent is in the child's best interests, the court shall consider the following nonexclusive factors:
     (a) The love, affection, and strength of the relationship between the child and the grandparent;
     (b) The length and quality of the relationship between the child and the grandparent, including the roles performed by the grandparent and the emotional ties between the child and the grandparent;
     (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 grandparent in seeking to have the child placed in his or her home;
     (e) The criminal history, if any, of the grandparent as determined by a criminal history background check required by law;
     (f) The grandparent's history of any adverse actions, including findings relating to child abuse and neglect by the grandparent;
     (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 grandparent'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 qualified grandparent 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.
     (3) Notwithstanding any other provision of law, if the court orders an out-of-home placement for a child under this chapter, the court shall order the child placed with a qualified grandparent unless the court finds by clear and convincing evidence that the placement would not be in the child's best interests.