BILL REQ. #:  H-1452.1 

Read first time 02/03/09.   Referred to Committee on Early Learning & Children's Services.

     AN ACT Relating to children's interests in maintaining postadoption contact with their siblings; amending RCW 26.33.295 and 26.33.190; and adding a new section to chapter 26.33 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 26.33 RCW to read as follows:
     The legislature finds that the importance of children's relationships with their siblings is well recognized in law and science. The bonds between siblings are often irreplaceable, leading some experts to believe that sibling relationships can be longer lasting and more influential than any other over a person's lifetime. For children who have been removed from home due to abuse or neglect, these bonds are often much stronger because siblings have learned early the importance of depending on one another and cooperating in order to cope with their common problems. The legislature further finds that when children are in the foster care system they typically have some degree of contact or visitation with their siblings even when they are not living together. The legislature finds, however, that when one or more of the siblings is adopted, these relationships may be severed completely if the adoption agreement fails to attend to the needs of the siblings for continuing postadoption contact. The legislature intends to promote a greater focus, in adoption proceedings, on the interests of siblings separated by adoptive placements and to encourage the inclusion in adoption agreements of provisions to support ongoing postadoption contact between siblings.

Sec. 2   RCW 26.33.295 and 1990 c 285 s 4 are each amended to read as follows:
     (1) Nothing in this chapter shall be construed to prohibit the parties to a proceeding under this chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive parents, siblings of child adoptees, and a birth parent or parents.
     (2) The court, in reviewing and approving an agreement under this section, shall encourage the adoptive parents, birth parents, foster parents, kinship caregivers, and the department or other supervising agency to seriously consider the long-term benefits to the child adoptee and siblings of the child adoptee of providing for and facilitating continuing postadoption contact between siblings. To the extent feasible and practical, and when in the best interests of the child adoptee and siblings of the child adoptee, contact between the siblings should be at least as frequent and of a similar nature as that which existed prior to the adoption. If the child adoptee or siblings of the child adoptee are represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child custody proceeding, the court shall inquire of each attorney and guardian ad litem regarding the potential benefits of continuing contact between the siblings and the potential detriments of severing contact.
     (3) Agreements regarding communication with or contact between child adoptees, adoptive parents, siblings of child adoptees, and a birth parent or parents shall not be legally enforceable unless the terms of the agreement are set forth in a written court order entered in accordance with the provisions of this section. The court shall not enter a proposed order unless the terms of such order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights have not previously been terminated, and, if the child ((is)) or siblings of the child are in the custody of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the child ((is)) or siblings of the child are represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child((-))custody proceeding, the terms of the proposed order also must be approved in writing by ((the)) each child's representative. An agreement under this section need not disclose the identity of the parties to be legally enforceable. The court shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, siblings of the child adoptee, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the child adoptee's best interests.
     (((3))) (4) Failure to comply with the terms of an agreed order regarding communication or contact that has been entered by the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by the court as provided in this chapter.
     (((4))) (5) An agreed order entered pursuant to this section may be enforced by a civil action and the prevailing party in that action may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys' fees. The court shall not modify an agreed order under this section unless it finds that the modification is necessary to serve the best interests of the child adoptee, and that: (a) The modification is agreed to by the adoptive parent and the birth parent or parents; or (b) exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

Sec. 3   RCW 26.33.190 and 2007 c 387 s 2 are each amended to read as follows:
     (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 adoption issues. A person may have more than one preplacement report prepared. All preplacement reports shall be filed with the court in which the petition for adoption is filed.
     (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 adoptive 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 adoptive parent. The report shall also verify that the following issues were discussed with the prospective adoptive parents:
     (a) The concept of adoption as a lifelong developmental process and commitment;
     (b) The potential for the child to have feelings of identity confusion and loss regarding separation from the birth parents;
     (c) The relevance of the child's relationship with siblings and the potential benefit to the child of providing for a continuing relationship and contact between the child and siblings;
     (d) Disclosure of the fact of adoption to the child;
     (((d))) (e) The child's possible questions about birth parents and relatives; and
     (((e))) (f) 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 adoptive 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 adoptive 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 adoptive 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. If the person requesting the report has not filed a petition for adoption, 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.