H-4828.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2487

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Children & Family Services (originally sponsored by Representatives Tokuda, Buck, Veloria, Carrell, Lambert, Mason, Romero, Honeyford, Dickerson, Murray, Boldt, Hymes, Chopp, Sheldon, Costa, Conway, Cooke and Kessler)

Read first time 02/02/96. 

Continuing adoption support payments.

     AN ACT Relating to continuing adoption support payments; amending RCW 74.13.112 and 74.13.115; and adding a new section to chapter 74.13 RCW.

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

     Sec. 1.  RCW 74.13.112 and 1985 c 7 s 136 are each amended to read as follows:

     The factors to be considered by the secretary in setting the amount of any payment or payments to be made pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 and in adjusting standards hereunder shall include:  The size of the family including the adoptive child, the usual living expenses of the family, the special needs of any family member including education needs, the family income, the family resources and plan for savings, the medical and hospitalization needs of the family, the family's means of purchasing or otherwise receiving such care, and any other expenses likely to be needed by the child to be adopted.  In setting the amount of any initial payment made pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145, the secretary is authorized to establish maximum payment amounts that are reasonable and allow permanency planning goals related to adoption of children under RCW 13.34.145 to be achieved at the earliest possible date.

     The amounts paid for the support of a child pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 may vary from family to family and from year to year.  Due to changes in economic circumstances or the needs of the child such payments may be discontinued and later resumed.

     Payments under RCW 26.33.320 and 74.13.100 through 74.13.145 may be continued by the secretary subject to review as provided for herein, if such parent or parents having such child in their custody establish their residence in another state or a foreign jurisdiction.

     In fixing the standards to govern the amount and character of payments to be made for the support of adopted children pursuant to RCW 26.33.320 and 74.13.100 through 74.13.145 and before issuing rules and regulations to carry out the provisions of RCW 26.33.320 and 74.13.100 through 74.13.145, the secretary shall consider the comments and recommendations of the committee designated by the secretary to advise him with respect to child welfare.

     Sec. 2.  RCW 74.13.115 and 1985 c 7 s 137 are each amended to read as follows:

     To carry out the program authorized by RCW 26.33.320 and 74.13.100 through 74.13.145, the secretary may make continuing payments or lump sum payments of adoption support.  In lieu of continuing payments, or in addition to them, the secretary may make one or more specific lump sum payments for or on behalf of a hard to place child either to the adoptive parents or directly to other persons to assist in correcting any condition causing such child to be hard to place for adoption.

Consistent with a particular child's needs, continuing adoption support payments shall include, if necessary to facilitate or support the adoption of a special needs child, an amount sufficient to remove any reasonable financial barrier to adoption as determined by the secretary under RCW 74.13.112.

     After determination by the secretary of the amount of a payment or the initial amount of continuing payments, the prospective parent or parents who desire such support shall sign an agreement with the secretary providing for the payment, in the manner and at the time or times prescribed in regulations to be issued by ((him)) the secretary subject to the provisions of RCW 26.33.320 and 74.13.100 through 74.13.145, of the amount or amounts of support so determined.

     Payments shall be subject to review as provided in RCW 26.33.320 and 74.13.100 through 74.13.145.

NEW SECTION. Sec. 3.  A new section is added to chapter 74.13 RCW to read as follows:

     This act applies to adoption support payments for eligible children whose eligibility is determined on or after July 1, 1996.  This act does not apply retroactively to current recipients of adoption support payments.

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