BILL REQ. #:  S-4832.1 

READ FIRST TIME 02/04/08.   

     AN ACT Relating to visitation rights for relatives of dependent children; amending RCW 26.09.405; 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) A relative 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 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;
     (b) The length and quality of the prior relationship between the child and the relative;
     (c) Any criminal convictions for or founded history of abuse or neglect of a child by the relative;
     (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 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.
     (5) The granting of the petition under this section does not grant the relative the right to participate in the dependency action and does not grant any rights to the relative not otherwise specified in the visitation order.
     (6) 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) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020(2)(a), except parents.
     (8) This section is intended to provide an additional procedure by which a relative 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.

Sec. 2   RCW 26.09.405 and 2000 c 21 s 3 are each amended to read as follows:
     (1) The provisions of RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 apply to a court order regarding residential time or visitation with a child issued:
     (a) After June 8, 2000; and
     (b) Before June 8, 2000, if the existing court order does not expressly govern relocation of the child.
     (2) To the extent that a provision of RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 conflicts with the express terms of a court order existing prior to June 8, 2000, then RCW 26.09.405 through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 do not apply to those terms of that order governing relocation of the child.
     (3) The provisions of RCW 26.09.405 through 26.09.560 do not apply to visitation orders entered in dependency proceedings as provided in section 1 of this act.