SENATE BILL REPORT

SHB 1956

BYHouse Committee on Human Services (originally sponsored by Representatives Winsley, Brekke, Heavey, Leonard, Moyer, Bristow, Padden, Ebersole, Anderson and Youngsman)

Revising and adding provisions on adoption.

House Committe on Human Services

Senate Committee on Children & Family Services

Senate Hearing Date(s):March 20, 1989; March 30, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey.

Senate Staff:Carol Pedigo (786-7417)

                  March 30, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, MARCH 30, 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.  Currently, 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.

Proponents of the bill believe the secretary should augment current standards by including regulations which require the courts to monitor the fees charged by agencies for adoption services.  They believe this would help control the cost of adoptions.

SUMMARY:

Prior to the final decree of adoption, the petitioner, petitioner's attorney, and any child-placing agency having legal custody of the child, shall each 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.

The requirement to report fees does not apply to stepparent or extended family adoptions.

It is illegal to advertise as an adoption representative or to advertise a child for adoption unless the person or entity is (1) an agent or employee of DSHS or a licensed child placing agency, or (2) a person who has an acceptable preplacement report for adoption or is the attorney or agent of such a person.  Persons who violate this limitation shall be guilty of a misdemeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The first section of the bill requiring reporting of fees to the courts is stricken.

Attorney's licensed by the state are added to those persons who are able to advertise regarding adoption services.  An agent who may assist prospective adoptive parents to advertise must be uncompensated.

Any advertising medium which publishes an advertisement in good faith without knowledge of its violation of this act shall not be guilty of a misdemeanor.

Senate Committee - Testified: Representative Shirley Winsley (pro); Pat Ditter, Washington State Catholic Conference (pro); Paul Conrad, Allied Daily Newspapers; Eric Gustafson, attorney (pro); Mark Demaray, attorney (pro); Celia Fritz, Adoption Center of Washington (con)