H-2397.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1860
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State of Washington 55th Legislature 1997 Regular Session
By House Committee on Children & Family Services (originally sponsored by Representatives Cooke, Dickerson, Boldt, McDonald, Regala, Costa, Mason, Anderson, Kessler and Ogden)
Read first time 03/04/97.
AN ACT Relating to adoption; amending RCW 26.33.350; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that some adoptive parents are not provided critical information needed to make an informed decision before receiving a child for adoption. The legislature further finds that all individuals and organizations involved in placing children for adoption, including the department of social and health services, have a legal and moral obligation to provide all known and available information to prospective adoptive parents before the physical placement of children for adoption.
Sec. 2. RCW 26.33.350 and 1994 c 170 s 1 are each amended to read as follows:
(1) Every person, firm, society, association, corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to physical placement and shall make available to all persons with whom a child has been placed by adoption a complete medical report containing all known and available information concerning the mental, physical, and sensory handicaps of the child. For the purposes of this section, a person is a "prospective adopting parent" when he or she initially communicates an interest in adopting a child to the individuals, organizations, and agencies specified in this section.
(2) The report shall not reveal the identity of the birth parent of the child except as authorized under this chapter but shall include any known or available mental or physical health history of the birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child.
(3) Where known or available, the information provided shall include:
(a) A review of the birth family's and the child's previous medical history, including the child's x-rays, examinations, hospitalizations, and immunizations. After July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department;
(b) A physical exam of the child by a licensed physician with appropriate laboratory tests and x-rays;
(c) A referral to a specialist if indicated; and
(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.
(4) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's mental, physical, and sensory handicaps. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's present or future health.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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