HOUSE BILL REPORT

HB 480

BYRepresentatives 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

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (6)

     Signed by Representatives Brekke, Chair; Scott, Vice Chair; Leonard, Moyer, Padden and Sutherland.

House Staff:Jean Wessman (786-7132)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The second substitute bill be substituted therefor and the second substitute bill do pass.  (23)

     Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers, Sprenkle and B. Williams.

House Staff:    David Knutson (786-7146)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

MARCH 5, 1987

BACKGROUND:

The federal Indian Child Welfare Act of 1978 requires that when voluntary consent to placement is given for an Indian Child, that the court is required to validate that consent.  There is no provision in Washington state law to provide for court validation and 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.  Currently 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:

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

Child-placing agencies operated by tribal organizations and licensed by them are exempted from departmental 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.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Language clarifications were made in the substitute bill to conform to the federal language in the Indian Child Welfare Act.  There were no substantive changes.

SECOND SUBSTITUTE COMPARED TO FIRST SUBSTITUTE:  The Department of Social and Health Services is authorized to purchase foster care services for Indian children within appropriated funds.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  Second substitute proposed.

Fiscal Note:    Attached.

Effective Date:Sections 10 and 11 take effect on July 1, 1988.

House Committee ‑ Testified For:     (Human Services)  Elizabeth Red Bear, Yakima Nation; Lee Ann Miller, Attorney General's Office; Amy Crewdson, Quinault Indian Nation; Jan Goslin, Bureau of Indian Affairs; Gary Peterson, Skokomish Indian Tribe; Bertram Hirsh, Attorney; Jerry Wasson, Acting Director, Children, Youth and Family Services; and Michelle Aguilar, Office of the Governor.

(Ways & Means/Appropriations)  Lee Ann Miller, Attorney General's Office; Jerry Wasson, Acting Director, Children, Youth and Family Services; and Michelle Aguilar, Office of the Governor.

House Committee - Testified Against: (Human Services)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Human Services)  The state needs to have court validation procedures for voluntary consent to placement of an Indian child in statute to be in compliance with federal law.  Tribal agencies need to receive reimbursement for placement costs of Indian children who do not qualify for Aid to Families with Dependent Children in order to support the continued integrity of Indian families.  Other state/federal public agencies are exempt from the departments licensing requirements and receive payment for foster home placement.

(Ways & Means/Appropriations)  Same as testimony given in Committee on Human Services.

House Committee - Testimony Against: (Human Services)  None Presented.

(Ways & Means/Appropriations)  None Presented.