AN ACT Relating to adoptions; and amending RCW 26.33.040, 26.33.080, 26.33.090, 26.33.110, 26.33.120, 26.33.160, 26.33.190, and 26.33.230.

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

Sec. 1. Section 4, chapter 155, Laws of 1984 and RCW 26.33.040 are each amended to read as follows:

(1) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq., applies to the proceeding. Every order or decree terminating parental rights or finalizing an adoption entered in any proceeding under this chapter shall contain a finding that the Indian Child Welfare Act does or does not apply.

(2) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the Soldiers and Sailors Civil Relief Act of 1940, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order or decree terminating parental rights or finalizing an adoption entered in any proceeding under this chapter shall contain a finding that the Soldiers and Sailors Civil Relief Act of 1940 does or does not apply.

Sec. 2. Section 8, chapter 155, Laws of 1984 as amended by section 1, chapter 421, Laws of 1985 and RCW 26.33.080 are each amended to read as follows:

(1) A parent, an alleged father, the department, or an agency may file with the court a petition to relinquish a child to the department or an agency. The parent's or alleged father's written consent to adoption shall accompany the petition. The written consent of the department or the agency to assume custody shall be filed with the petition.

(2) A parent, alleged father, or prospective adoptive parent may file with the court a petition to relinquish a child to the prospective adoptive parent. The parent's or alleged father's written consent to adoption shall accompany the petition. The written consent of the prospective adoptive parent to assume custody shall be filed with the petition. ((~~The identity of the prospective adoptive parent need not be disclosed to the petitioner.~~))

(3) A petition for relinquishment, together with the written consent to adoption, may be filed before the child's birth.

Sec. 3. Section 9, chapter 155, Laws of 1984 as amended by section 2, chapter 421, Laws of 1985 and RCW 26.33.090 are each amended to read as follows:

(1) The court shall set a time and place for a hearing on the petition for relinquishment. The hearing may not be held sooner than forty-eight hours after the child's birth or the signing of all necessary consents to adoption, whichever is later. The court may enter a temporary order giving custody of the child to the prospective adoptive parent, if a preplacement report has been filed, or to the department or agency to whom the child will be relinquished pending the court's hearing on the petition.

(2) Notice of the hearing shall be served on any ((~~relinquishing parent or alleged father~~)) consenting parent, any consenting alleged father, and the department or agency that has consented to assume the custody and financial responsibility of the child, in the manner prescribed by RCW 26.33.310.

(3) The court may require the parent to appear personally and enter his or her consent to adoption on the record. The court shall determine that any written consent has been validly executed. If the court determines it is in the best interests of the child, the court shall approve the petition for relinquishment.

(4) If the court approves the petition, it shall award custody of the child to the department, agency, or prospective adoptive parent, who shall be appointed legal guardian. The legal guardian shall be financially responsible for support of the child until further order of the court. The court shall also enter an order pursuant to RCW 26.33.130 terminating the parent-child relationship of the parent and the child.

(5) An order of relinquishment to an agency or the department shall include an order authorizing the agency to place the child with a prospective adoptive parent.

Sec. 4. Section 11, chapter 155, Laws of 1984 as amended by section 4, chapter 421, Laws of 1985 and RCW 26.33.110 are each amended to read as follows:

(1) The court shall set a time and place for a hearing on the petition for termination of the parent-child relationship, which shall not be held sooner than forty-eight hours after the child's birth.

(2) Notice of the hearing on the petition to terminate the parent-child relationship shall be served on the petitioner, the nonconsenting parent ((~~or alleged father~~)), the legal guardian of a party, and the guardian ad litem of a party, in the manner prescribed by RCW 26.33.310((.

~~(3) The notice of the petition~~)), and shall:

(a) State ((~~the date and place of birth.~~)) the name and address of the petitioner;

(b) State the name of the mother;

(d) If the petition is filed prior to birth, ((~~the notice shall~~)) state the approximate date and location of conception of the child and the expected date of birth((~~, and shall identify the mother~~));

((~~(b)~~)) (e) Inform the nonconsenting parent ((~~or alleged father~~)) that: (i) He or she has a right to be represented by counsel and that counsel will be appointed for an indigent person who requests counsel; and (ii) failure to respond to the termination action within twenty days of service will result in the termination of his or her parent-child relationship with respect to the child((;

(c) Inform an alleged father that failure to file a claim of paternity under chapter 26.26 RCW or to respond to the petition, within twenty days of the date of service of the petition is grounds to terminate his parent-child relationship with respect to the child)).

(3) Notice of the petition to terminate the parent-child relationship shall be issued by petitioner and served on any alleged father in the manner prescribed by RCW 26.33.310, and shall:

(a)(i) State the name and address of the petitioner;

(ii) State the name of the mother;

(iii) If the child is born, state the name of the child and the date and place of birth;

(iv) If the petition is filed prior to birth, state the approximate date and location of conception of the child and the expected date of birth;

(b) Inform the alleged father of his right under chapter 26.26 RCW to file a claim of paternity, or to file a responsive pleading in the termination action which response shall contain:

(i) An admission of paternity;

(ii) A proposal for custody of the child and visitation with the parents; and

(iii) A request that the court enter an order finding him financially responsible for child support and birth costs;

(c) Inform the alleged father of the rights to which his filing of a claim of paternity will entitle him under chapter 26.26 RCW; and

(d) Inform the alleged father that his failure to file a claim of paternity or a responsive pleading under subsection (3)(b) of this section within twenty days of service of the notice of the termination petition or by the expected date of birth of the child, whichever is later, shall constitute a waiver of his right to receive notice of the hearing on the petition to terminate the parent-child relationship and shall result in termination of his rights and responsibilities with regard to the child.

Sec. 5. Section 12, chapter 155, Laws of 1984 and RCW 26.33.120 are each amended to read as follows:

(1) The parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child.

(2) The parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by ((~~clear, cogent, and convincing~~)) a preponderance of the evidence that it is in the best interest of the child to terminate the relationship and that the alleged father:

(a) ((~~The alleged father~~)) Has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations ((~~and~~));

(b) Has failed to contribute to the medical costs of the birth of the child;

(d) Is withholding consent to adoption contrary to the best interest of the child; or

((~~(b) He~~)) (e) Is not the father.

(3) The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310.

Sec. 6. Section 16, chapter 155, Laws of 1984 as amended by section 5, chapter 421, Laws of 1985 and RCW 26.33.160 are each amended to read as follows:

(1) Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable:

(a) The adoptee, if fourteen years of age or older;

(b) The parents and any alleged father of an adoptee under eighteen years of age;

(d) The legal guardian of the adoptee.

(2) Consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways:

(a) Written revocation may be delivered or mailed to the clerk of the court before approval; or

(b) Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written.

(3) Except as provided in subsection (2)(b) of this section and in this subsection, a consent to adoption may not be revoked after it has been approved by the court. Within one year after approval, a consent may be revoked for fraud or duress practiced by the person, department, or agency requesting the consent, or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court.

(4) The written consent to adoption shall be signed under penalty of perjury and shall state that:

(a) It is given subject to approval of the court;

(b) It has no force or effect until approved by the court;

(c) The consent will not be presented to the court until forty-eight hours after it is signed or forty-eight hours after the birth of the child, whichever occurs later;

(d) It is revocable by the consenting party at any time before its approval by the court. It may be revoked in either of the following ways:

(i) Written revocation may be delivered or mailed to the clerk of the court before approval of the consent by the court; or

(ii) Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written;

(e) The address of the clerk of court where the consent will be presented is included; and

(f) After it has been approved by the court, the consent is not revocable except for fraud or duress practiced by the person, department, or agency requesting the consent or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court.

(((5) A written consent to adoption which meets all the requirements of this chapter but which does not name or otherwise identify the adopting parent is valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent.))

Sec. 7. Section 19, chapter 155, Laws of 1984 and RCW 26.33.190 are each amended to read as follows:

(1) Any person may at any time request an agency, the department, an individual approved by the court, or a qualified salaried court employee to prepare a preplacement report. A person may have more than one preplacement report prepared. All preplacement reports shall be filed with the court in which the petition for adoption is filed.

(2) The preplacement report shall be a written document setting forth all relevant information relating to the fitness of the person requesting the report as an adoptive parent. The report shall be based on a study which shall include an investigation of the home environment, family life, health, facilities, and resources of the person requesting the report. The report shall include a list of the sources of information on which the report is based. The report shall include a recommendation as to the fitness of the person requesting the report to be an adoptive parent.

(3) An agency, the department, or a court approved individual may charge a reasonable fee based on the time spent in conducting the study and preparing the preplacement report. The court may set a reasonable fee for conducting the study and preparing the report when a court employee has prepared the report. An agency, the department, a court approved individual, or the court may reduce or waive the fee if the financial condition of the person requesting the report so warrants. An agency's, the department's, or court approved individual's, fee is subject to review by the court upon request of the person requesting the report.

(4) ((The person requesting the report shall designate to the agency, the department, the court approved individual, or the court in writing the county in which the preplacement report is to be filed. If the person requesting the report has not filed a petition for adoption, the report shall be indexed in the name of the person requesting the report and a cause number shall be assigned. A fee shall not be charged for filing the report. The applicable filing fee may be charged at the time a petition governed by this chapter is filed. Any subsequent preplacement reports shall be filed together with the original report)) If the person requesting the report has not filed a petition for adoption, such report shall be filed when the petition is filed.

(5) A copy of the completed preplacement report shall be delivered to the person requesting the report.

(6) A person may request that a report not be completed. A reasonable fee may be charged for the value of work done.

Sec. 8. Section 24, chapter 155, Laws of 1984 and RCW 26.33.230 are each amended to read as follows:

The petitioner shall give not less than three days written notice of any proceeding at which a preplacement report will be considered to all agencies, any court approved individual, or any court employee requested by the petitioner to make a preplacement report. The notice shall state the name of the petitioner, the cause number of the proceeding, if available, the time and place of the hearing, and the object of the hearing. Proof of service on the agency or court approved individual in form satisfactory to the court shall be furnished. The agency or court approved individual may appear at the hearing and give testimony concerning any matters relevant to the relinquishment or the adoption and its recommendation as to the fitness of petitioners as parents. The agency or court approved individual may in writing acknowledge notice and state to the court that the agency or court approved individual does not desire to participate in the hearing or the agency or court approved individual may in writing waive notice of any hearing.