SENATE BILL REPORT
SB 6339
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
Senate Hearing Date(s):January 25, 1988
Majority Report: Do pass.
Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Garrett, McDonald, Stratton.
Senate Staff:Carol Pedigo (786-7417)
February 26, 1988
AS PASSED SENATE, FEBRUARY 16, 1988
BACKGROUND:
During the 1987 legislative session Washington 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 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, 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 bill goes into effect, whether obtained in juvenile or superior court.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: Linda Katz, Lutheran Social Services; LeAnne Miller, AAG, DSHS