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House passes bill preserving judges' discretion for grandparent visitation, rejects restrictive amendment
Summary
The House approved HB164 to allow courts to consider grandparent visitation after parental-rights termination; an amendment meant to prevent grandparents from reintroducing terminated parents failed 18–46, and the bill passed 58–11.
Representative Christiansen presented HB164, which seeks to preserve a court's ability to consider grandparents for visitation when parental rights have been terminated. Christiansen described a legislative audit of the Division of Child and Family Services and said the division receives large federal funds that create time pressures on termination decisions: "they are receiving $47,000,000 in federal money," he said, explaining the context for the bill.
Opponents and some family-law practitioners expressed concern about potential interference with adoptive parents and the administration of adoption. Representative Westwood moved Amendment No. 1 to ensure grandparents granted visitation could not use that access to attempt to reintroduce terminated parents; the sponsor and others argued that judges already have discretion to set conditions and that a statutory restriction could hamper judicial decision-making.
The motion to amend (Amendment No. 1) failed on a division vote, with 18 yay and 46 nay. After further debate — including statements that the family-law section of the bar had mixed input — the House passed HB164 by a roll-call vote of 58–11. The bill will be referred to the Senate for further consideration.
Next steps: HB164 will be transmitted to the Senate following House passage.
