SENATE BILL REPORT

HB 1545

BYRepresentatives Brekke, Winsley, Scott, Leonard, H. Sommers, Padden, Moyer and Anderson; by request of Department of Social and Health Services

Clarifying certain provisions governing the relinquishment and adoption of children.

House Committe on Human Services

Senate Committee on Children & Services

Senate Hearing Date(s):February 22, 1988

Senate Staff:Carol Pedigo (786-7417)

AS OF FEBRUARY 18, 1988

BACKGROUND:

During the 1987 legislative session Washington state law was revised to comply with the requirements of the Federal Indian Child Welfare Act.  It was the intention of the drafters of the bill that juvenile courts would have original jurisdiction over validation proceedings for voluntary foster care placements of Indian children.  Inadvertently, juvenile courts were also given exclusive jurisdiction over all proceedings pertaining to court validation of parents' consent to relinquishment or adoption, which in most cases is the function of superior court.  The result is that relinquishments and adoptions of Indian children obtained in superior court after July 25, 1987, the effective date of last year's bill, might potentially be vacated for lack of proper jurisdiction.

SUMMARY:

RCW 13.04.030 is amended to eliminate the reference to relinquishments or adoptions as being the exclusive jurisdiction of the juvenile courts.

A new section is added which declares as valid any relinquishment and adoption proceeding for an Indian child, obtained from July 25, 1987 until the time this bill goes into effect, whether obtained in juvenile or superior court.

Appropriation:    none

Revenue:    none

Fiscal Note:      available