BILL REQ. #:  H-3790.1 

Prefiled 01/08/10. Read first time 01/11/10.   Referred to Committee on Early Learning & Children's Services.

     AN ACT Relating to making corrections to update the law regarding adoption petitions; and amending RCW 26.33.040.

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

Sec. 1   RCW 26.33.040 and 2004 c 64 s 2 are each amended to read as follows:
     (1)(a) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply.
     (b) Every order or decree entered in any proceeding under this chapter shall contain a finding that the Indian child welfare act does or does not apply. Where there is a finding that the Indian child welfare act does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied.
     (c) In proceedings under this chapter, the adoption facilitator shall file a sworn statement documenting efforts to determine whether an Indian child as defined under the Indian child welfare act, 25 U.S.C. Sec. 1903, is involved.
     (d) Whenever the court or the petitioning party knows or has reason to know that an Indian child is involved in any termination, relinquishment, or placement proceeding under this chapter, the petitioning party shall promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child.
     (e) The notice shall: (i) Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe's right to intervene and/or request that the case be transferred to tribal court.
     (f) No termination, relinquishment, or placement proceeding shall be held until at least ten days after receipt of notice by the tribe. If the tribe requests, the court shall grant the tribe up to twenty additional days to prepare for such proceeding.
     (2) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the ((Soldiers and Sailors)) servicemembers civil relief act of ((1940)) 2003, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order or decree entered in any proceeding under this chapter shall contain a finding that the ((Soldiers and Sailors)) servicemembers civil relief act of ((1940)) 2003 does or does not apply.
     (3) Every petition filed in proceedings under this chapter must contain a statement alleging whether the Washington service members' civil relief act, chapter 38.42 RCW, applies to the proceeding. Every order or decree entered in any proceedings under this chapter must contain a finding that the Washington service members' civil relief act, chapter 38.42 RCW, does or does not apply.