FINAL BILL REPORT

2SHB 480

                                  C 170 L 87

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Brekke, Winsley, Moyer, Scott, Wang, Leonard and Brough; by request of Department of Social and Health Services)

Providing protection for Indian children.

House Committe on Human Services

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Human Services & Corrections and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The federal Indian Child Welfare Act of 1978 requires that when voluntary consent to placement is given for an Indian child, the court is required to validate that consent.  There is no provision in state law to provide for court validation.  Currently the Department of Social and Health Services and other agencies involved in obtaining consents do not comply with federal requirements.

While not required, the Indian Child Welfare Act encourages tribal jurisdiction over all phases of child welfare services including foster care placement and permanency planning.  Foster homes not licensed by the department or its licensed/certified child placing agencies cannot be recognized by the department nor can payment be made to these homes.

Since Indian children in the homes of extended families may not meet Aid to Families with Dependent Children (AFDC) requirements for living with a relative of specified degree, federal assistance is not available and services such as permanency planning cannot be provided.

SUMMARY:

Requirements for court validation of voluntary consent for placement of Indian children are established.  Procedures for requirements, scheduling of hearings, effects on parties filing consents, notice requirements to the court and effects on the child's tribe are enumerated.

Child-placing agencies operated and licensed by tribal organizations are exempted from Department of Social and Health Services licensing requirements.  Payment is allowed for the care of Indian children in the custody of a federally recognized Indian tribe or its licensed child-placing agency.

VOTES ON FINAL PASSAGE:

      House 96   2

      Senate    33    13

EFFECTIVE:July 26, 1987

            July 1, 1988 (Sections 10 and 11)