ESSB 6635 -
By Committee on Children & Family Services
ADOPTED AS AMENDED 03/01/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 26.33.045 and 1995 c 270 s 8 are each amended to read
as follows:
(1) An adoption shall not be delayed or denied on the basis of the
race, color, or national origin of the adoptive parent or the child
involved. However, when the department or an agency considers whether
a placement option is in a child's best interests, the department or
agency may consider the cultural, ethnic, or racial background of the
child and the capacity of prospective adoptive parents to meet the
needs of a child of this background. This provision shall not apply to
or affect the application of the Indian Child Welfare Act of 1978, 25
U.S.C. Sec. 1901 et seq.
(2) The department shall create standardized training to be
provided to all department employees involved in the placement of a
child to assure compliance with Title IV of the civil rights act of
1964 and the multiethnic placement act of 1994, as amended by the
interethnic adoption provisions of the small business job protection
act of 1996. Such training shall be open to agency employees on a
space-available basis.
Sec. 2 RCW 26.33.300 and 1991 c 3 s 288 are each amended to read
as follows:
The department of health shall be a depository for statistical data
concerning adoption. It shall furnish to the clerk of each county a
data card which shall include the data required for the purposes of
federal reporting requirements as well as disclosure of all fees,
costs, and expenses paid by the petitioner. The data card shall be
completed and filed with the clerk on behalf of each petitioner. The
clerk shall forward the completed cards to the department of health
which shall compile and summarize the data and ((publish reports
summarizing the data)) provide a report annually to the legislature
beginning December 31, 2006. A birth certificate shall not be issued
showing the petitioner as the parent of any child adopted in the state
of Washington until a data card has been completed and filed.
NEW SECTION. Sec. 3 The department of health shall, in
consultation with adoption advocates, representatives of adoption
agencies, adoption attorneys, child-placing agencies, birth and
adoptive parents and adapters, federally recognized tribes, and
representatives of the superior court judges:
(1) Review the fees associated with children adopted out of the
foster care system who are dependents of the state of Washington. The
review shall include a determination of whether fees or any other
factors are barriers to adoptions of children out of the foster care
system; and
(2) Study accreditation standards developed for adoption agencies,
including the standards developed by the council on accreditation for
children and family services. The department shall brief the
legislature by January 1, 2007, on recommendations related to
accreditation standards and reducing any barriers that may exist
pertaining to the adoption of children who are dependents of the state
of Washington.
Sec. 4 RCW 26.33.400 and 1991 c 136 s 6 are each amended to read
as follows:
(1) Unless the context clearly requires otherwise, "advertisement"
means communication by newspaper, radio, television, handbills,
placards or other print, broadcast, or the electronic medium. This
definition applies throughout this section.
(2) No person or entity shall cause to be published for
circulation, or broadcast on a radio or television station, within the
geographic borders of this state, an advertisement of a child or
children offered or wanted for adoption, or shall hold himself or
herself out through such advertisement as having the ability to place,
locate, dispose, or receive a child or children for adoption unless
such person or entity is:
(a) A duly authorized agent, contractee, or employee of the
department or a children's agency or institution licensed by the
department to care for and place children;
(b) A person who has a completed preplacement report as set forth
in RCW 26.33.190 (1) and (2) or chapter 26.34 RCW with a favorable
recommendation as to the fitness of the person to be an adoptive
parent, or such person's duly authorized uncompensated agent, or such
person's attorney who is licensed to practice in the state.
Verification of compliance with the requirements of this section shall
consist of a written declaration by the person or entity who prepared
the preplacement report.
Nothing in this section prohibits an attorney licensed to practice
in Washington state from advertising his or her availability to
practice or provide services related to the adoption of children.
(3)(a) A violation of subsection (2) of this section is a matter
affecting the public interest ((for the purpose of applying chapter
19.86 RCW. A violation of subsection (2) of this section is not
reasonable in relation to the development and preservation of business.
A violation of subsection (2) of this section)) and constitutes an
unfair or deceptive act or practice in trade or commerce for the
purpose of applying chapter 19.86 RCW.
(b) The attorney general may bring an action in the name of the
state against any person violating the provisions of this section in
accordance with the provisions of RCW 19.86.080.
(c) Nothing in this section applies to any radio or television
station or any publisher, printer, or distributor of any newspaper,
magazine, billboard, or other advertising medium which accepts
advertising in good faith without knowledge of its violation of any
provision of this section after an attempt to verify the advertising is
in compliance with this section.
NEW SECTION. Sec. 5 RCW 26.33.410 (Advertisements -- Exemption)
and 1989 c 255 s 2 are each repealed."
Correct the title.
EFFECT: (1) Requires DSHS to train employees involved in adoption
placements regarding federal requirements related to multiethnic and
interethnic placements.
(2) Requires the adoption data card to include disclosure of fees,
costs, and expenses paid by adoptive parents.
(3) Directs the Department of Health to summarize the adoption data
and prepare an annual report to the Legislature.
(4) Directs DSHS to consult with stakeholders, review and study
fees and other barriers to adoption of children out of the foster care
system and accreditation standards for adoption, and to report back to
the Legislature with recommendations regarding: (a) Accreditation
standards; and (b) reducing barriers to adoption of foster children.
(5) Explicitly authorizes the Attorney General to file an action
under the state Consumer Protection Act for the unauthorized
advertising related to adoption of a child or placement of a child.