BILL REQ. #: H-1398.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/15/11. Referred to Committee on Early Learning & Human Services.
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.