BILL REQ. #:  H-1383.1 

READ FIRST TIME 02/15/13.   

     AN ACT Relating to sibling visitation after a dependency has been dismissed or concluded; adding a new section to chapter 26.10 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature recognizes that strong sibling bonds are very important to children and sometimes those bonds are threatened at no fault of the siblings. The legislature has enacted statutes encouraging courts and placement agencies to consider a child's continued contact with his or her siblings in the context of dependency proceedings. However, a dependent child may be placed in a separate home from his or her siblings in a dependency proceeding, and this separation may become permanent when one or both siblings achieves permanency and the dependency is dismissed. Stepchildren who have been living together all their lives are sometimes separated from each other when they are placed with their second biological parents.
     (2) While recognizing that fit parents are presumed to act in their children's bests interests, and generally have a right to make parenting decisions for their children without interference, the legislature also recognizes that in limited circumstances it may be appropriate for a court to order visitation between siblings when there is a significant existing bond between the siblings. It is not the legislature's intent in this act to create legal obligations or bonds between siblings that do not already exist. It is also not the legislature's intent to impair or alter the court's ability to order visitation between siblings or other relatives under existing statutes.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.10 RCW to read as follows:
     (1) A sibling of a minor child may petition the court for sibling visitation with the minor child if:
     (a) The petitioning sibling or the minor child was a dependent child under chapter 13.34 RCW, and any dependency proceeding concerning either the petitioning sibling or the minor child has been dismissed;
     (b) The permanent placement of the dependent child resulted in the child being placed in a separate household from his or her sibling;
     (c) The permanent placement does not provide for visitation between the siblings, the person with whom the minor child has been placed has prevented visitation between the minor child and the petitioning sibling, and there is no other avenue for the petitioning sibling to have visitation with the minor child; and
     (d) There exists a significant sibling relationship between the petitioning sibling and the minor child.
     (2) The petition must be filed in the county where the minor child primarily resides. If the petitioning sibling is a minor, the petition may be brought by a guardian ad litem appointed under RCW 4.08.050 on behalf of the petitioning sibling.
     (3) For the purposes of this section:
     (a) "Significant sibling relationship" means the petitioning sibling and minor child had a beneficial relationship with substantial continuity while residing in the same household together for a substantial period of time before being separated;
     (b) "Sibling" means full and half-siblings by blood or adoption and current and former step-siblings. For the purposes of petitioning for visitation under this section, a petitioner may continue to be considered a sibling of a minor child even if one or both of the minor child's or petitioner's parents' rights have been terminated.
     (4) The petitioning sibling must submit with the petition an affidavit setting forth facts to show:
     (a) The requirements of subsection (1) of this section have been met;
     (b) The relationship between the siblings would be substantially reduced or terminated if visitation were not granted; and
     (c)(i) If the minor child is in the legal custody of his or her parent, the minor child would likely suffer harm or the substantial risk of harm if visitation were not granted; or (ii) if the minor child is in the legal custody of a person who is not the minor child's parent, visitation is in the minor child's best interest.
     (5) The petitioning sibling must serve notice of the filing to each person having legal custody of, or court-ordered residential time with, the minor child. A person having legal custody or court-ordered residential time with the minor child may submit opposing affidavits.
     (6) If, based on the petition and affidavits, the court finds that it is more likely than not that visitation will be granted, the court must hold a hearing on the petition.
     (7)(a) At a hearing under this section, the court shall consider the respondent's reasons for denying visitation. It is presumed that a fit parent's decision to deny visitation is in the best interests of the child and does not create the likelihood of harm or the substantial risk of harm.
     (b) The court must enter an order granting visitation if it finds that the petitioner has shown by clear and convincing evidence that:
     (i) The requirements of subsection (1) of this section have been met;
     (ii) The relationship between the siblings would be substantially reduced or terminated if visitation were not granted; and
     (iii)(A) If the minor child is in the legal custody of his or her parent, the child would likely suffer harm or the substantial risk of harm if sibling visitation were not granted; or (B) if the minor child is in the legal custody of a person who is not the child's parent, visitation is in the child's best interest.
     (8) An order granting visitation does not confer any rights or duties of a parent on the petitioner or, if the petitioning sibling is a minor, on the petitioning sibling's parent or custodian.
     (9) The court may, after considering the financial resources of all parties, award a reasonable amount for attorneys' fees and costs as it determines is appropriate.
     (10) This section is intended to provide an additional procedure by which a sibling may request visitation with a minor child. It is not intended to impair or alter the ability a court currently has to order visitation under this title.