BILL REQ. #:  S-2938.2 

READ FIRST TIME 05/06/11.   

     AN ACT Relating to adoption support payments; amending RCW 74.13A.025, 74.13A.050, and 74.13A.060; reenacting and amending RCW 74.13A.020; adding new sections to chapter 74.13A RCW; creating a new section; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 74.13A.020 and 2009 c 520 s 66 and 2009 c 491 s 9 are each reenacted and amended to read as follows:
     (1) The secretary shall issue rules and regulations to assist in the administration of the program of adoption support authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080.
     (2) Disbursements from the appropriations available from the general fund shall be made pursuant to this chapter and such rules and regulations and pursuant to agreements conforming thereto to be made by the secretary with parents for the purpose of supporting the adoption of children in, or likely to be placed in, foster homes or child caring institutions who are found by the secretary to be ((difficult)) hard to place in adoption because of physical or other reasons; including, but not limited to, physical or mental handicap, emotional disturbance, ethnic background, language, race, color, age, or sibling grouping.
     (3) Such agreements shall meet the following criteria:
     (a) The child whose adoption is to be supported pursuant to such agreement shall be or have been a child hard to place in adoption.
     (b) Such agreement must relate to a child who was or is residing in a foster home or child-caring institution or a child who, in the judgment of the secretary, is both eligible for, and likely to be placed in, either a foster home or a child-caring institution.
     (c) Such agreement shall provide that adoption support shall not continue beyond the time that the adopted child reaches eighteen years of age, becomes emancipated, dies, or otherwise ceases to need support. If the secretary finds that continuing dependency of such child after such child reaches eighteen years of age warrants the continuation of support pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 the secretary may do so, subject to all the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080, including annual review of the amount of such support.
     (d) Any prospective parent who is to be a party to such agreement shall be a person who has the character, judgment, sense of responsibility, and disposition which make him or her suitable as an adoptive parent of such child.
     (4) At least six months before an adoption is finalized under chapter 26.33 RCW and RCW ((74.13.100)) 74.13A.005 through ((74.13.145)) 74.13A.080, the department must provide to the prospective adoptive parent, in writing, information describing the limits of the adoption support program including the following information:
     (a) The limits on monthly cash payments to adoptive families;
     (b) The limits on the availability of children's mental health services and the funds with which to pay for these services;
     (c) The process for accessing mental health services for children receiving adoption support services;
     (d) The limits on the one-time cash payments to adoptive families for expenses related to their adopted children; and
     (e) That payment for residential or group care is not available for adopted children under the adoption support program.

Sec. 2   RCW 74.13A.025 and 1996 c 130 s 1 are each amended to read as follows:
     (1) Subject to subsection (2) of this section, 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)) 74.13A.005 through ((74.13.145)) 74.13A.080 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.
     (2)(a) An adoptive parent who adopts a child from the foster care system after providing foster care services to that child does not qualify for the adoption support subsidy if he or she received the basic foster care rate for the child while the child was in care, and did not spend in excess of the hours one would normally spend meeting the needs of a typically developing child. The adoptive parent and child would qualify for all other adoption support services, including medical care.
     (b) An adoptive parent, who was a relative or other unpaid caregiver during the time an adoptive child was in the dependency system, and who did not spend in excess of the hours one would normally spend meeting the needs of a typically developing child and, if licensed as a foster parent, would have received the basic foster care rate for the child, does not qualify for the adoption support subsidy but the child shall qualify for all other adoption support program services, including medical care.
     (3) In setting the amount of any initial payment made pursuant to RCW 26.33.320 and ((74.13.100)) 74.13A.005 through ((74.13.145)) 74.13A.080, 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.
     (4) The amounts paid for the support of a child pursuant to RCW 26.33.320 and ((74.13.100)) 74.13A.005 through ((74.13.145)) 74.13A.080 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.
     (5) Payments under RCW 26.33.320 and ((74.13.100)) 74.13A.005 through ((74.13.145)) 74.13A.080 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.
     (6) 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)) 74.13A.005 through ((74.13.145)) 74.13A.080 and before issuing rules and regulations to carry out the provisions of RCW 26.33.320 and ((74.13.100)) 74.13A.005 through ((74.13.145)) 74.13A.080, the secretary shall consider the comments and recommendations of the committee designated by the secretary to advise him or her with respect to child welfare.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.13A RCW to read as follows:
     Nothing in this chapter prohibits an adoptive parent from seeking payments or assistance under this chapter after the finalization of the adoption of a child who was in, or likely to be placed in, foster care or relative or other unpaid care, prior to the adoption, but who, at the time of adoption, was not considered hard to place.

Sec. 4   RCW 74.13A.050 and 2009 c 520 s 67 are each amended to read as follows:
     An agreement for adoption support made before January 1, 1985, or pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, although subject to review and adjustment as provided for herein, shall, as to the standard used by the secretary in making such review or reviews and any such adjustment, constitutes a contract within the meaning of section 10, Article I of the United States Constitution and section 23, Article I of the state Constitution. For that reason once such an agreement has been made any review of and adjustment under such agreement shall as to the standards used by the secretary, be made only subject to the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080 and such rules and regulations relating thereto as they exist on the date of the initial determination in connection with such agreement or such more generous standard or parts of such standard as may hereafter be provided for by law or regulation. Once made such an agreement shall constitute a solemn undertaking by the state of Washington with such adoptive parent or parents. The termination of the effective period of RCW 26.33.320 and 74.13A.005 through 74.13A.080 or a decision by the state or federal government to discontinue or reduce general appropriations made available for the purposes to be served by RCW 26.33.320 and 74.13A.005 through 74.13A.080, shall not affect the state's specific continuing obligations to support such adoptions, subject to such annual review and adjustment for all such agreements as have theretofore been entered into by the state.
     The purpose of this section is to assure any such parent that, upon his or her consenting to assume the burdens of adopting a hard to place child, the state will not in future so act by way of general reduction of appropriations for the program authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080 or ratable reductions, to impair the trust and confidence necessarily reposed by such parent in the state as a condition of such parent taking upon himself or herself the obligations of parenthood of a ((difficult)) hard to place child.
     Should the secretary and any such adoptive parent differ as to whether any standard or part of a standard adopted by the secretary after the date of an initial agreement, which standard or part is used by the secretary in making any review and adjustment, is more generous than the standard in effect as of the date of the initial determination with respect to such agreement such adoptive parent may invoke his or her rights, including all rights of appeal under the fair hearing provisions, available to him or her under RCW 74.13A.055.

Sec. 5   RCW 74.13A.060 and 1990 c 285 s 8 are each amended to read as follows:
     The secretary may authorize the payment, from the appropriations available from the general fund, of all or part of the nonrecurring adoption expenses incurred by a prospective parent. "Nonrecurring adoption expenses" means those expenses incurred by a prospective parent in connection with the adoption of a ((difficult)) hard to place child including, but not limited to, attorneys' fees, court costs, and agency fees. Payment shall be made in accordance with rules adopted by the department.
     This section shall have retroactive application to January 1, 1987. For purposes of retroactive application, the secretary may provide reimbursement to any parent who adopted a ((difficult)) hard to place child between January 1, 1987, and one year following June 7, 1990, regardless of whether the parent had previously entered into an adoption support agreement with the department.

NEW SECTION.  Sec. 6   A new section is added to chapter 74.13A RCW to read as follows:
     Any section or provision of this chapter that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling this state to receive federal matching or other funds for the adoption support program. If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of the chapter.

NEW SECTION.  Sec. 7   This act applies to adoption support agreements entered into on or after July 1, 2011.

NEW SECTION.  Sec. 8   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 July 1, 2011.