FINAL BILL REPORT

SB 6339

                                   C 14 L 88

BYSenators Kiskaddon, Stratton, Craswell, Wojahn, Garrett, Kreidler, Bailey and McDonald; by request of Department of Social and Health Services

Clarifying certain provisions governing the relinquishment and adoption of children.

Senate Committee on Children & Family Services

House Committe on Human Services

SYNOPSIS AS ENACTED

BACKGROUND:

During the 1987 legislative session, state law was revised to reflect the requirements of the Federal Indian Child Welfare Act as it pertains to court validation of voluntary consent to out-of-home placement of Indian children.  It was the intention of the bill's drafters that juvenile courts would have original jurisdiction over validation proceedings for voluntary foster care placements of Indian children.  Inadvertently, juvenile courts were 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:

The Juvenile Court Act is amended to eliminate the reference to relinquishments or adoptions under the list of proceedings which are the exclusive jurisdiction of juvenile courts.

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

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 97   0

EFFECTIVE:June 9, 1988