Determining the Best Interests of the Child - Washington

Guiding Principles

Citation: Rev. Code § 13.34.020 

The legislature declares that the family unit is a fundamental resource of American life that should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child's health and safety shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter. 

Best Interests Factors

Citation: Rev. Code §§ 13.34.385; 13.38.040

In determining the best interests of the child, the court shall consider, but is not limited to, the following:

• The love, affection, and strength of the relationship between the child and the relative
• The length and quality of the prior relationship between the child and the relative
• Any criminal convictions for or founded history of abuse or neglect of a child by the relative
• Whether the visits will present a risk to the child's health, welfare, or safety
• The child's reasonable preference if the court considers the child to be of sufficient age to express a preference
• Any other factor relevant to the child's best interests

The term 'best interests of the Indian child' means the use of practices in accordance with the Federal Indian Child Welfare Act, this chapter, and other applicable law, that are designed to accomplish the following: 

• Protect the safety, well-being, development, and stability of the Indian child
• Prevent the unnecessary out-of-home placement of the Indian child
• Acknowledge the right of Indian Tribes to maintain their existence and integrity, which will promote the stability and security of their children and families
• Recognize the value to the Indian child of establishing, developing, or maintaining a political, cultural, social, and spiritual relationship with the Indian child's Tribe and Tribal community
• In a proceeding in which out-of-home placement is necessary, to prioritize placement of the Indian child in accordance with the placement preferences of this chapter

Other Considerations

Citation: Rev. Code §§ 13.38.030; 13.34.385

The legislature finds that the State is committed to protecting the essential Tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents; the health, safety, or welfare of the children; or the interests of their Tribe. Whenever out-of-home placement of an Indian child is necessary in a proceeding subject to the terms of the Federal Indian Child Welfare Act and in this chapter, the best interests of the Indian child may be served by placing the Indian child in accordance with the placement priorities expressed in this chapter. The legislature further finds that where placement away from the parent or Indian custodian is necessary for the child's safety, the State is committed to a placement that reflects and honors the unique values of the child's Tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the child's Tribe and Tribal community.

A relative of a dependent child may petition the juvenile court for reasonable visiting with the child if the following are true:

• The child has been found to be a dependent child under this chapter.
• The parental rights of both child's parents have been terminated.
• The child is in the custody of the Department of Children, Youth, and Families or another public agency.
• The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the petition for visiting is filed.

The juvenile court may grant the petition for visiting if it finds that the requirements of this section have been met, and that unsupervised visits between the child and the relative does not present a risk to the child's safety or well-being and that the visits are 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:

• The love, affection, and strength of the relationship between the child and the relative
• The length and quality of the prior relationship between the child and the relative
• Any criminal convictions for or founded history of abuse or neglect of a child by the relative
• Whether the visits will present a risk to the child's health, welfare, or safety
• The child's reasonable preference if the court considers the child to be of sufficient age to express a preference
• Any other factor relevant to the child's best interests