SENATE BILL REPORT
2SHB 480
BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Brekke, Winsley, Moyer, Scott, Wang, Leonard and Brough; by request of Department of Social and Health Services)
Providing protection for Indian children.
House Committe on Human Services
Rereferred House Committee on Ways & Means/Appropriations
Senate Committee on Human Services & Corrections
Senate Hearing Date(s):April 1, 1987
Majority Report: Do pass and refer to Committee on Ways & Means.
Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Johnson, Kiskaddon, Kreidler, Tanner.
Senate Staff:Carol Pedigo (786-7417)
April 1, 1987
Senate Committee on Ways & Means
Senate Hearing Date(s):April, 2, 1987
Majority Report: Do pass.
Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Craswell, Kreidler, Moore, Rinehart, Talmadge, Vognild, Warnke, Williams, Wojahn.
Senate Staff:Suzanne Petersen (786-7715)
April 3, 1987
AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 2, 1987
BACKGROUND:
DSHS and the Indian tribes of Washington State, sponsors of this bill, believe that it is vitally important that children be placed for adoption and foster care in homes of the same ethnic origin as the child. In an effort to make this possible, the Federal Indian Child Welfare Act of 1978 encourages states to give tribes the right to license foster homes and allows states to provide payment for care to these homes. At the current time, Washington does not pay for child care for children in homes not licensed by the state. The Federal Act also requires that courts validate any voluntary consent for adoption or foster care placement of Indian children.
Since Indian children in the homes of extended families may not meet Aid to Families with Dependent Children (AFDC) requirements for living with a relative of specified degree, federal assistance is not available and services such as permanency planning cannot be provided.
Proponents are also concerned that since Washington statutes do not clearly state the variations in Federal law made for relinquishment of Indian children, there may be some adoptions handled improperly and therefore not legally binding.
The following are pertinent requirements for adoption under current Washington State law: (1) court hearings on adoptions can take place 48 hours after the child's birth, and (2) it is not mandatory that parents appear in court. Consent for adoption can only be revoked for fraud, duress, or mental incompetency of the consenting person within one year of the adoption.
SUMMARY:
State law is amended to comply with the Federal Indian Child Welfare Act of 1978.
Requirements are established for court validation of consent for relinquishment and adoption of all Indian children. The changes in the requirements of current state law are: (1) tribes must be notified whenever the court modifies the status of an Indian child; (2) 10 days must lapse after the birth of an Indian child before relinquishment can be signed; (3) the consenting parent must appear in court; (4) the burden of evidence in a termination hearing must meet the federal standards (25 U.S.C. Sec. 1912(f)); (5) consent to adopt can be revoked for up to two years after the final decree if duress or fraud is proven; and (6) required recruitment planning by DSHS must seek Indian homes for Indian children.
Department of Social and Health Services is given authority to pay, within available funds, for foster care for Indian children living in homes licensed by tribal licensing agencies.
Fiscal Note: available
Effective Date:Authority for state foster care reimbursement is to go into effect July 1, 1988.
Senate Committee - Testified: HUMAN SERVICES & CORRECTIONS: John George, DSHS; Gary Peterson, Skokomish Indian Tribe
Senate Committee - Testified: WAYS & MEANS: John George, DSHS; Lee Ann Miller, Attorney General's Office; Jerry Wasson, Acting Director, Children, Youth and Family Services; Michelle Aguilar, Office of the Governor