SENATE BILL REPORT

SB 5540

BYSenators Wojahn, Kiskaddon, Johnson and Kreidler; by request of Department of Social and Health Services

Providing protection for Indian children.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):February 10, 1987; February 17, 1987

Majority Report:  That Substitute Senate Bill No. 5540 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.

Senate Staff:Carol Pedigo (786-7417)

                  February 19, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 5, 1987

Senate Staff:Suzanne Petersen (786-7715)

AS OF MARCH 4, 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. The bill mirrors the Federal Indian Child Welfare Act of 1978.  The Federal Act requires that courts validate any voluntary consent for adoption or foster care placement of Indian children.  It 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.

Proponents are also concerned that since Washington statutes do not clearly state the variations 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 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.

EFFECT OF PROPOSED SUBSTITUTE:

Language is added to make it clear that the federal Indian Child Welfare Act of 1978 must apply when determining termination of parental rights.

Other technical changes are made.

Senate Committee - Testified: HUMAN SERVICES & CORRECTIONS:  John George, Director of Field Services, DSHS; Gary Peterson, Skokomish Tribe; Wendell George, Tribal Councilman, Colville Tribe: Jan Goslin, Hoquiam, Bureau of Indian Affairs; Michelle Agular, Snoquamish Tribe and Governor's Office of Indian Affairs; Barb Nenima, Quinault Nation