1267-S2.E AMS BENT S2367.2

E2SHB 1267  - S AMD356
     By Senators Benton, Delvin, Swecker, Roach

OUT OF ORDER 04/12/2011

     On page 2, line 24, after "(5)" insert ""Agency" means any public or private association, corporation, or individual licensed or certified by the department as a child placing agency under chapter 74.15 RCW or as an adoption agency.
     (6)
"

     Renumber the remaining subsections consecutively and correct any internal references accordingly.

     On page 3, after line 36, insert the following:
     "(17) "Individual approved by the court" or "qualified salaried court employee" means a person who has a master's degree in social work or a related field and one year of experience in social work, or a bachelor's degree and two years of experience in social work, and includes a person not having such qualifications only if the court makes specific findings of fact that are entered of record establishing that the person has reasonably equivalent experience."

     Renumber the remaining subsections consecutively and correct any internal references accordingly.

     On page 39, line 18, after "18.225 RCW;" strike "and"

     On page 39, line 21, after "surrogacy" insert "and;
     (d) He, she, or they have had a preplacement report filed with the superior court pursuant to section 60 of this act and the court finds that placement of a child with the intended parent or parents would not be contrary to the best interest of a child"

     On page 42, after line 9, insert the following:

"NEW SECTION.  Sec. 60   An intended parent may not enter into a surrogacy contract until a preplacement report has been filed and approved by the superior court in which the parties intend to file for certification.

NEW SECTION.  Sec. 61   (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 certificate signed under penalty of perjury by the person preparing the report specifying his or her qualifications as required in this chapter shall be attached to or filed with each preplacement report and shall include a statement of training or experience that qualifies the person preparing the report to discuss relevant surrogacy issues. A person may have more than one preplacement report prepared.
     (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 intended 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 intended parent. The report shall also verify that the following issues were discussed with the prospective intended parents:
     (a) The concept of parentage as a lifelong developmental process and commitment;
     (b) Disclosure of the fact of surrogacy to the child;
     (c) The child's possible questions about the surrogate; and
     (d) The relevance of the child's racial, ethnic, and cultural heritage.
     (3) All preplacement reports shall include a background check of any conviction records, pending charges, or disciplinary board final decisions of prospective intended parents. The background check shall include an examination of state and national criminal identification data provided by the Washington state patrol criminal identification system including, but not limited to, a fingerprint-based background check of national crime information databases for any person being investigated. It shall also include a review of any child abuse and neglect history of any adult living in the prospective intended parents' home. The background check of the child abuse and neglect history shall include a review of the child abuse and neglect registries of all states in which the prospective intended parents or any other adult living in the home have lived during the five years preceding the date of the preplacement report.
     (4) 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.
     (5) 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. 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.
     (6) A copy of the completed preplacement report shall be delivered to the person requesting the report.
     (7) A person may request that a report not be completed. A reasonable fee may be charged for the value of work done.

NEW SECTION.  Sec. 62   (1) After the reports required by sections 60 and 61 of this act have been filed, the court shall schedule a hearing on the preplacement report upon request of the intended parents. Notice of the date, time, and place of hearing shall be given to the intended parent or parents.
     (2) Notice of the hearing shall also be given to any person who or agency which has prepared a preplacement report. The notice shall be given in the manner prescribed by RCW 26.33.230.
     (3) If the court determines, after review of the petition, preplacement and postplacement reports, and other evidence introduced at the hearing, that the placement of a child with the intended parent or parents would not be contrary to the best interest of a child, the court shall enter such findings and issue an order authorizing the use of a surrogate."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     On page 42, after line 23, insert the following:
     "(3) A court shall not issue an order under this section until a preplacement report has been filed with the court and the court finds, after the review of the preplacement report, that the placement of a child with the intended parents is in the best interest of the child.
     (4) If the court determines an order placing a child with the intended parents should not be granted because there was not a finding that finding the placement of the child with the intended parents is not in the best interest of the child and the child has already been conceived or born, the court shall make appropriate provision for the care and custody of the child."

     Renumber the remaining subsections consecutively and correct any internal references accordingly.

     On page 44, after line 9, insert the following:

"NEW SECTION.  Sec. 63   A court filing under this chapter may be consolidated with any other court filing under this chapter. A hearing under this chapter may be consolidated with any other hearing under this chapter."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  Requires a preplacement report before intended parents can enter into a surrogacy contract. The preplacement report is parallel to the preplacement report for adoptions. Before intended parents can enter into a surrogacy contract, the court must find that placement of a child with the intended parents is in the best interest of the child. The court may only issue a final order declaring the intended parents are the parents after the preplacement report has been filed and the court has found the placement of the child with the intended parents is in the best interest of the child.

--- END ---