HOUSE BILL REPORT

HB 1956

BYRepresentatives Winsley, Brekke, Heavey, Leonard, Moyer, Bristow, Padden, Ebersole, Anderson and Youngsman

Revising and adding provisions on adoption.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Brekke, Leonard, Raiter and Winsley.

House Staff:Jean Wessman (786-7132)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 20, 1989

BACKGROUND:

The Secretary of the Department of Social and Health Services is required to adopt and publish minimum requirements for licensing child-placing agencies.  These requirements include: 1) the size and suitability and plan of operation for a facility; 2) the character, suitability and competence of an agency or persons associated with the agency; 3) the number of qualified staff necessary; 4) the safety, cleanliness and adequacy of the premises; 5) the provision of necessary care; 6) the agency's financial ability to meet minimum requirements; and 7) the maintenance of records.

Several members of the Legislature, the provider community and the public have expressed the need for the Secretary to set minimum standards which include the fees that agencies may charge for adoption services in order to control the costs borne by the public for such an important service for the preservation of the family.

SUMMARY:

SUBSTITUTE BILL: Prior to the final decree of adoption, the petitioner, petitioner's attorney, and any child-placing agency having legal custody of the child, shall file a declaration with the court describing all fees, reimbursements, payments, or transfers made with regard to the adoption.  All services provided shall be described and the fees for each listed. Specific services to be described include, but are not limited to: 1) physician expenses; 2) hospital and other medical expenses; 3) court costs and legal expenses; and 4) agency fees or expenses.

The court shall review the declaration(s) and determine the reasonableness of the charges. If the court determines any of the charges to be unreasonable, they shall set a reasonable fee and may order reimbursement of the difference.

Advertisement of a child or for a child is limited to an agent, employee, or contractee of the Department of Social and Health Services, a licensed child-placing agency, or those who have had a favorable pre-placement report completed and verified. A person or entity who violates this limitation shall be guilty of a misdemeanor.

SUBSTITUTE BILL COMPARED TO ORIGINAL: The duty of the Secretary of DSHS to set minimum standards for reasonable fees is deleted. Attorneys and physicians are exempted from the licensing requirements for child-placing agencies regardless of whether they accept a fee for adoption services above and beyond that for medical and legal expenses.

Fiscal Note:      Requested February 17, 1989.

House Committee ‑ Testified For:    Randall Johnson, Lawyer, Catholic Community Services; Katharine Briar, Department of Social and Health Services; Dr. Jeff Graham, Division of Medical Assistance, DSHS and Pennie Oliver, Adoption Program Manager, DSHS.

House Committee - Testified Against:      Fran Thoreen, King County Superior Court, King County Adoption Services; Mark M. Demaray, Attorney, Adoptive Parent; Jill Demaray, Adoptive Parent; Bonnie Romain, Adoptive Parent and Celia Fritz, Adoption Center of Washington.

House Committee - Testimony For:    Certain private agencies, physicians, and attorneys are charging exorbitant fees for adoption services. The state should regulate the amount of fees that are charged for adoption. There is nothing that prevents or limits the type of advertising soliciting children for adoption, or prospective adoptive homes that prospective adoptive parents, physicians, attorneys, and agencies can place in newspapers, the yellow pages of the phone book, or on television. Nothing prevents attorneys or physicians from accepting "finders fees" for adoption services.  The court should review and approve all fees and charges connected with adoption services for reasonableness and have the ability to disapprove unreasonable charges.

House Committee - Testimony Against:      The fees charged by private agencies are necessary to reimburse the agency for the full cost of the services that they provide the prospective adoptive parents and the birth mother.  Current licensing statutes and bar association strictures already provide adequate protection against unreasonable fees. Advertising is necessary as an option available to prospective adoptive parents or their duly authorized agents for communicating their desire to adopt a child.