BILL REQ. #:  H-4538.1 

Read first time 01/21/08.   Referred to Committee on Judiciary.

     AN ACT Relating to authorizing minor siblings to petition for visitation with each other; and adding a new section to chapter 26.09 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 26.09 RCW to read as follows:
     (1) A minor child may petition the court for visitation with his or her minor sibling residing in a separate household. Except as provided in subsection (2) of this section, this section applies to a minor child, whether there is or was a dissolution, legal separation, modification of a parenting plan, or other court proceeding involving either the petitioning child or the sibling with whom visitation is sought.
     (2) This section does not apply to children who are subjects of shelter care or dependency proceedings or otherwise in the custody of the state under Title 13 RCW, chapter 26.44 RCW, or any other provision of law.
     (3) The minor child's parent, guardian, custodian, or other advocate may bring a petition on behalf of the minor child.
     (4) The court shall order visitation if it finds that visitation is in the minor child's and the sibling's best interests. In making this determination, the court shall consider the following, nonexclusive factors:
     (a) The love, affection, and strength of the relationship between the siblings;
     (b) The length and quality of the relationship between the siblings;
     (c) The relationship between each of the child's parents, guardians, custodians, or other persons with whom the children are residing;
     (d) The nature and reason for the respondent's objection, if any, to sibling visitation;
     (e) The effect that granting visitation will have on the relationship between the siblings and the parents or persons with whom the siblings are residing;
     (f) The residential time-sharing arrangements between the parents and siblings;
     (g) The good faith of the minor child petitioning; and
     (h) Any other factor relevant to the child's best interest.
     (5) The court shall not award visitation if there has been any physical, emotional, or sexual abuse caused by either sibling to each other, any other sibling, or any other minor child. The court shall consider whether any person with whom either sibling resides would be subject to limitations under RCW 26.10.160.
     (6) When ordering visitation, the court shall consider how visitation will be conducted, in light of the relationship between the persons with whom the siblings reside, and may order visitation arrangements that include supervised visitation or visitation between siblings in locations other than one sibling's household.
     (7) For the purposes of this section, "sibling" includes siblings related by blood or adoption and stepsiblings.