READ FIRST TIME 02/22/13.   

     AN ACT Relating to improving the adoption process; amending RCW 26.33.020, 26.33.190, 26.33.200, 26.33.300, and 43.06A.030; adding a new section to chapter 43.06A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes that identifying, assessing, and finalizing a permanent adoptive home for a child is a complex process. Professionals must balance expediting a permanent home for a child with investigating and determining whether the health, safety, and well-being of a particular child will be advanced through permanent placement in a particular adoptive home and family. The legislature intends to make certain changes to the laws relative to the adoption process in order to foster safe, positive experiences for adoptive children and their adoptive families.

Sec. 2   RCW 26.33.020 and 1993 c 81 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Alleged father" means a person whose parent-child relationship has not been terminated, who is not a presumed father under chapter 26.26 RCW, and who alleges himself or whom a party alleges to be the father of the child. It includes a person whose marriage to the mother was terminated more than three hundred days before the birth of the child or who was separated from the mother more than three hundred days before the birth of the child.
     (2) "Child" means a person under eighteen years of age.
     (3) "Adoptee" means a person who is to be adopted or who has been adopted.
     (4) "Adoptive parent" means the person or persons who seek to adopt or have adopted an adoptee.
     (5) "Court" means the superior court.
     (6) "Department" means the department of social and health services.
     (7) "Agency" means any public or private association, corporation, or individual licensed or certified by the department as a child-placing agency under chapter 74.15 RCW or as an adoption agency.
     (8) "Parent" means the natural or adoptive mother or father of a child, including a presumed father under chapter 26.26 RCW. It does not include any person whose parent-child relationship has been terminated by a court of competent jurisdiction.
     (9) "Legal guardian" means the department, an agency, or a person, other than a parent or stepparent, appointed by the court to promote the child's general welfare, with the authority and duty to make decisions affecting the child's development.
     (10) "Guardian ad litem" means a person, not related to a party to the action, appointed by the court to represent the best interests of a party who is under a legal disability.
     (11) "Relinquish or relinquishment" means the voluntary surrender of custody of a child to the department, an agency, or prospective adoptive parents.
     (12) "Individual approved by the court" or "qualified salaried court employee" means a person who has a master's degree in social work or a related field and one year of experience in ((social work)) family and children's services or adoption, or a bachelor's degree in social work or a related field and two years of experience in ((social work)) family and children's services or adoption, and includes a person not having such qualifications only if the court makes specific findings of fact that are entered of record establishing that the person has reasonably equivalent education and experience. In addition to meeting education and experience requirements, all such persons must receive at least thirty hours of training every two years, either in-person or online, on issues relative to adoption including, but not limited to: Pertinent laws and regulations; ethical considerations; cultural diversity; factors that lead to the need for adoption; feelings of separation, grief, and loss experienced by children; attachment and posttraumatic stress disorder; and psychological issues faced by children.
     (13) "Birth parent" means the biological mother or biological or alleged father of a child, including a presumed father under chapter 26.26 RCW, whether or not any such person's parent-child relationship has been terminated by a court of competent jurisdiction. "Birth parent" does not include a biological mother or biological or alleged father, including a presumed father under chapter 26.26 RCW, if the parent-child relationship was terminated because of an act for which the person was found guilty under chapter 9A.42 or 9A.44 RCW.
     (14) "Nonidentifying information" includes, but is not limited to, the following information about the birth parents, adoptive parents, and adoptee:
     (a) Age in years at the time of adoption;
     (b) Heritage, including nationality, ethnic background, and race;
     (c) Education, including number of years of school completed at the time of adoption, but not name or location of school;
     (d) General physical appearance, including height, weight, color of hair, eyes, and skin, or other information of a similar nature;
     (e) Religion;
     (f) Occupation, but not specific titles or places of employment;
     (g) Talents, hobbies, and special interests;
     (h) Circumstances leading to the adoption;
     (i) Medical and genetic history of birth parents;
     (j) First names;
     (k) Other children of birth parents by age, sex, and medical history;
     (l) Extended family of birth parents by age, sex, and medical history;
     (m) The fact of the death, and age and cause, if known;
     (n) Photographs;
     (o) Name of agency or individual that facilitated the adoption.

Sec. 3   RCW 26.33.190 and 2009 c 234 s 4 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, existence of extended family and community connections to serve as support, planned approach to child discipline and punishment, health, facilities, and resources of the person requesting the report. The fitness of a parent shall not be based on the person's sincerely held religious or philosophical beliefs and practices regarding child discipline and punishment that do not otherwise constitute a violation of state law. 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) If applicable, 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 known siblings;
     (d) Disclosure of the fact of adoption to the child;
     (e) The child's possible questions about birth parents and relatives; and
     (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 and a reference to any prior preplacement reports, whether complete or incomplete. 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) On all preplacement reports filed after January 1, 2015, the preparer shall verify that the prospective adoptive parents were provided with: (a) Copies of Washington state child abuse statutes and rules; and (b) the list of informational and resource materials developed and posted pursuant to section 7 of this act.
     (5) 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))) (6) 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))) (7) A copy of the completed preplacement report shall be delivered to the person requesting the report.
     (((7))) (8) A person may request that a report not be completed. Reports not completed must be filed by the preparer in accordance with subsection (6) of this section. A reasonable fee may be charged for the value of work done.

Sec. 4   RCW 26.33.200 and 1990 c 146 s 4 are each amended to read as follows:
     (1) Except as provided in RCW 26.33.220, at the time the petition for adoption is filed, the court shall order a postplacement report made to determine the nature and adequacy of the placement and to determine if the placement is in the best interest of the child. The report shall be prepared by an agency, the department, an individual approved by the court, or a qualified salaried court employee appointed by the court. 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 postplacement report. The report shall be in writing and contain all reasonably available information concerning the physical and mental condition of the child, home environment, family life, existence of extended family and community connections to serve as support, planned approach to child discipline and punishment, health, facilities and resources of the petitioners, and any other facts and circumstances relating to the propriety and advisability of the adoption. The fitness of a parent shall not be based on the person's sincerely held religious or philosophical beliefs and practices regarding child discipline and punishment that do not otherwise constitute a violation of state law. The report shall also include, if relevant, information on the child's special cultural heritage, including membership in any Indian tribe or band. The report shall be filed within sixty days of the date of appointment, unless the time is extended by the court. The preplacement report shall be made available to the person appointed to make the postplacement report.
     (2) A fee may be charged for preparation of the postplacement report in the same manner as for a preplacement report under RCW 26.33.190.

Sec. 5   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 be completed and filed with the clerk on behalf of each petitioner. The data card must indicate if the child being adopted has previously been adopted and if this is a second or subsequent adoption for the child. The clerk shall forward the completed cards to the department of health which shall compile the data, share the data with the department of social and health services, and publish reports summarizing the data. 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.

Sec. 6   RCW 43.06A.030 and 2013 c 23 s 73 are each amended to read as follows:
     The ombuds shall perform the following duties:
     (1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services;
     (2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombuds may decline to investigate any complaint as provided by rules adopted under this chapter;
     (3) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring children's health and safety;
     (4) Review periodically the facilities and procedures of state institutions serving children, and state-licensed facilities or residences;
     (5) Recommend changes in the procedures for addressing the needs of families and children;
     (6) Submit annually to the committee and to the governor by November 1st a report analyzing the work of the office, including recommendations and information regarding the progress made by the department of social and health services in implementing recommendations made in the report on severe abuse of adopted children;
     (7) Grant the committee access to all relevant records in the possession of the ombuds unless prohibited by law; and
     (8) Adopt rules necessary to implement this chapter.

NEW SECTION.  Sec. 7   A new section is added to chapter 43.06A RCW to read as follows:
     (1) Beginning in 2014, and in even-numbered years thereafter, the ombuds shall convene a work group to compile a list of informational and resource materials that must be provided to prospective adoptive parents by the agency, the department, an individual approved by the court, or a qualified salaried court employee requested to prepare a preplacement report pursuant to RCW 26.33.190.
     (2) The work group must include the ombuds or his or her designee, an individual approved by the court to prepare preplacement reports, an attorney whose practice includes adoption law, an adoptive parent, an adult who was adopted as a child, and representatives from the following: The department of social and health services; the administrative office of the courts; a domestic adoption agency; an international adoption agency; and two or more ethnic and cultural organizations expressing interest in outreach to adoptive parents and children. Other members may be added as deemed appropriate by the work group.
     (3) The work group shall review informational and resource materials currently provided to prospective adoptive parents, as well as other materials recommended by work group members, and compile a list of materials that must be provided to prospective adoptive parents during preparation of the preplacement report. Included on such list must be information relative to: Child abuse statutes and rules in the state; availability of mental health services; training and educational opportunities for parents in general and adoptive parents in particular; respite services; ethnic and cultural community organizations; and information, services, and outreach opportunities available to adoptive children. Other materials may be included as deemed appropriate by the work group.
     (4) By December 31, 2014, the initial list must be: (a) Posted on the public web sites of the office of the family and children's ombuds and the department of social and health services; and (b) disseminated to other agencies and persons identified by the work group. Updated lists must thereafter be posted and disseminated on or before December 31st in even-numbered years.