House of Representatives

HB 2219

grandparent visitation; burden of proof

Sponsors: Representative Pearce

DPA	Committee on Human Services
F	Committee on Judiciary
	Caucus and COW
	As Passed the House

HB 2219 amends current statute regarding the visitation rights of grandparents, stating that in order for a grandparent or great-grandparent to be granted visitation rights by the court, the petitioner must present clear and convincing evidence proving that the child’s parent is unfit.

History

On June 5, 2000 the United States Supreme Court ruled in a landmark case, Troxel v. Granville,

that a Washington State law permitting an application by any person for child visitation unconstitutionally infringed upon the rights of parents. The case dealt specifically with an application by grandparents for visitation with their grandchild. For the majority, Justice O’Conner stated that “ . . .the Due Process Clause [14^th Amendment] does not permit a state to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a ‘better’ decision could be made.” The decision generated six opinions from the nine Justices, and the 6-3 ruling does not set any legal precedent because only four Justices could agree on the same reason for the decision. In addition, all 50 states have statutes that in some form provide for grandparent visitation.

Provisions

· States that prior to granting visitation rights to a grandparent or great-grandparent, the court must find clear and convincing evidence that proves the child’s parent to be unfit.

· Stipulates that the burden of proof is upon the person petitioning for visitation rights.

· Requires the petitioner to be responsible for reasonable court fees if the burden of proof is not met, and the case is dismissed.

· Stipulates that the court must consider the impact of visitation on other grandparents when determining the child’s best interest.

· Requires the petitioner to provide notice to all of the child’s grandparents.

· Clarifies that this section does not affect the rights of adoptive parents or stepparents.

· States that the court may not order visitation that would infringe or inhibit the parent’s right to be present during such time, and that the visitation must recognize the parent’s right to be present.

· Requires visitation to be at the residence of the parent or a neutral site.

HB 2219 was amended in the Human Services Committee with technical and conforming changes.

HB 2219 failed to pass the Judiciary Committee.

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44th Legislature

Second Regular Session 2 March 7, 2001

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