SENATE BILL REPORT

SSB 6219

BYSenate Committee on Children & Family Services (originally sponsored by Senators Kreidler and Kiskaddon)

Changing the review standard for consent to adoption.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 1, 1988

Majority Report:  That Substitute Senate Bill No. 6219 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Garrett, Stratton.

Senate Staff:Jean Soliz (786-7755)

                  March 7, 1988

House Committe on Human Services

AS PASSED SENATE, FEBRUARY 13, 1988

BACKGROUND:

The adoption chapter requires a preplacement report to be filed with the court when prospective adoptive parents petition for adoption.  The agency with temporary custody of the child must consent or refuse consent to the adoption, based on the preplacement report.

Prospective adoptive parents are allowed to have additional reports by experts completed if they disagree with the report of the custodial agency, but the court may bypass consent of the agency only if the adoption is in the best interests of the child and the court finds that the agency's refusal to consent is "arbitrary and capricious".

Even if the family can prove to the court that the best interests of the child would be served by granting the adoption petition, the arbitrary and capricious standard is nearly impossible to prove.  As a result, a court is usually precluded from overturning an adoption agency decision regardless of the best interests of a child.

SUMMARY:

The court is no longer required to find that a custodial adoption agency acted in an arbitrary and capricious manner when refusing to consent to an adoption.  The court may dispense with the consent requirement if it finds, by clear, cogent and convincing evidence, that an adoption is in the best interest of the child.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1988

Senate Committee - Testified: Senator Mike Kreidler; Leslie Sirag and Richard L. Watkins, ASK; Joyce Hopson, Department of Social Services

HOUSE AMENDMENTS:

The statute regarding adoption, RCW 26.33, is amended to include a section on "open" adoption contracts.  An adoption may be declared "open" if the court finds there are extraordinary circumstances which make it in the child's best interest 1) to have access to information about the natural parents, 2) to allow the child's whereabouts to be known by the natural parents, and 3) all parties to the proceeding agree the adoption should be declared open.  The court must also find the use of open adoption should in no way jeopardize the parent-child relationship established between child and adoptive parent.

Any party to the adoption proceeding may file a proposed adoption contract.  The court is given authority to determine whether or not the adoption should be considered an "open" adoption.  The contract shall include a method of initiating contact between the child and natural parents and the nature of a visitation schedule or agreement between the parties.

Each contract must include a statement about the child's right to refuse contact with the natural parents at any time.  The contract must also include a statement signed by all parties to the proceeding stating they agree to the terms and conditions of the contract.

Violation of the adoption contract by itself would not constitute grounds for setting aside the adoption.