SB 5559 — Implementing a vulnerable youth guardianship program.

S-1817.1SECONDS-0666.2SENATE SUBSTITUTE SENATE BILL 5559State of Washington65th Legislature2017 Regular SessionBy Senate Ways & Means (originally sponsored by Senators Darneille, Saldaña, Hasegawa, Wellman, Cleveland, Palumbo, Keiser, McCoy, Chase, and Kuderer)READKudererRead FIRSTfirst TIMEtime 02/24/17.AN01/27/17. ACT Relating to implementing a vulnerable youth guardianship program;

Referred to Committee on Human Services, Mental Health & Housing.AN ACT Relating to implementing a vulnerable youth guardianship program;

The term "guardian" does not include a "guardian" appointed pursuant to a proceeding under chapter 13.36 RCW or a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.(3) "Juvenile court" or "court" means the juvenile division of the superior court.(4) "Relative" means a person related to the child in the following ways:(a) Any parent, or blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;(b) A stepfather, stepmother, stepbrother, and stepsister;(c) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;(d) Spouses of any persons named in (a) through (c) of this subsection (4), even after the marriage is terminated;(e) Relatives, as described in (a) through (d) of this subsection (4), of any half-sibling of the child.(5) "Suitable person" means a nonrelative who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the youth.youth.(6) "Vulnerable youth" is an individual who has turned eighteen years old, but who is not yet twenty-one years old and who is eligible for classification under 8 U.S.C.

The required criminal history background checks are those set out in RCW 26.10.135 (1) and (2)(b), but apply only to the proposed guardian and not to other adult members of the household.(6) "Vulnerable youth" is an individual who has turned eighteen years old, but who is not yet twenty-one years old and who is eligible for classification under 8 U.S.C.

and(e) The proposed guardian agrees to serve as guardian, and is a suitable adult over twenty-one years old who is capable of performing the duties of a guardian as stated in section 6 of this act.(4) There must be no fee associated with the filing of a vulnerable youth guardianship petition by or for a vulnerable youth under this section.(5)section.NEW SubjectSECTION.  Sec. 5.  (1) toAt the availabilityhearing ofon amountsa appropriatedvulnerable foryouth thisguardianship specificpetition, purpose,both onparties, or before December 31, 2018, the Washingtonvulnerable stateyouth taskand force against the traffickingproposed ofguardian, personshave established in RCW 7.68.350, must deliver an evaluation of the vulnerableright youthto guardianshippresent programevidence toand thecross-examine legislature.witnesses.

In its evaluation, the task force must determine whether a vulnerable youth advocate interview is necessary before a vulnerable youth guardianship is granted, when the proposed guardian is a suitable person as defined in section 3 of this act.

If the task force favorably recommends a vulnerable youth advocate interview prior to appointment of a "suitable person" guardian, the task force must also recommend a scope and minimum requirements for the interview, and training recommendations for any organizations whose members would qualify to serve on a vulnerable youth advocate interviewer roster.NEW SECTION.  Sec. 5.  (1) At the hearing on a vulnerable youth guardianship petition, both parties, the vulnerable youth and the proposed guardian, have the right to present evidence and cross-examine witnesses.

The order shall:(a) Appoint a person to be the guardian for the vulnerable youth;(b) ProvideSpecify that the guardian must ensure the legal rights of the vulnerable youth are not violated, and may specify the guardian's additional rights and responsibilities concerning the care, custody, control, and nurturing of the vulnerable youth;(c)youth; Specify the need for and scope of continued oversight by the court, if any;

and(d)and(c) ProhibitSpecify the guardianneed fromfor takingand possessionscope or retaining possession of anycontinued identityoversight documentsby belonging to the vulnerablecourt, youth.(2)if any.(2) Unless specifically ordered by the court, the standards and requirements for relocation in chapter 26.09 RCW do not apply to vulnerable youth guardianships established under this chapter.(3) The court shall provide a certified copy of the vulnerable youth guardianship order to the vulnerable youth and the guardian.(4)guardian.NEW If a vulnerable youth guardian is determined by the court to be a suitable person as defined in section 3 of this act for a vulnerable youth who is not represented by counsel, the court must provide the vulnerable youth with a list of human trafficking survivor service providers together with the vulnerable youth guardianship order.NEW SECTION.  Sec. 7.  (1) The youth may move the court to modify the provisions of a vulnerable youth guardianship order at any time by: