SENATE BILL REPORT

SSB 6494

BYSenate Committee on Children & Family Services (originally sponsored by Senators Smith, Vognild, Bailey, Stratton and Conner)

Revising provisions for adoption.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 30, 1990

Majority Report:  That Substitute Senate Bill No. 6494 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Carol Pedigo (786-7417)

                  March 2, 1990

House Committe on Human Services

AS PASSED SENATE, FEBRUARY 8, 1990

BACKGROUND:

During the 1989 interim, an adoption study committee studied the issues around adoption and reported their findings to the Legislature.  The committee membership represented most of the major adoption agencies in the state as well as numerous independent adoption practitioners and persons involved with adoption on a personal or professional basis.  Adoption issues considered by the Legislature during the past two years were reviewed along with other issues raised by members of the committee.  Twenty-four recommendations for change in the law, administrative rule or professional practice were made.

There is currently no statutory requirement for a criminal background check to be done on prospective adoptive parents.

Although it is the only statutorily required check on the suitability of prospective adoptive parents, the pre-adoption home study is sometimes done by persons with no adoption related education or experience.

The Department of Social and Health Services has an on-going advisory committee for issues involving children.  The study committee recommended that this group consider adoption issues and be expanded to include representation of persons involved in adoption.

SUMMARY:

Statutes regarding adoption were changed as follows:

Persons who are appointed by the courts to do pre-adoptive home studies must have a masters degree and one year of experience in adoption issues, a bachelors degree and two years of experience, or must be reviewed by the court to determine that they have done satisfactory home studies in the past, and should be "grandparented" into the law.

All pre-placement home studies of prospective adoptive parents must include a criminal background check provided by the Washington State Patrol Criminal Identification Network.

Before a birth parent signs a relinquishment of parental rights, he/she must sign a document stating that he/she has been advised of social and financial assistance which may be available in the community.

DSHS must report on the information compiled from the Adoption Data Cards filed at the time adoptions are finalized.

All adoption facilitators (agencies, attorneys or doctors) must provide to adoptive parent(s) written information on how to find and evaluate appropriate adoption therapists.

The DSHS Children's Services Advisory Committee is to include a member representing the adoption community and the committee is specifically named as advisor for the secretary regarding adoption related issues.

Counties are required to provide the name and telephone number of at least one person who has made known to the county their willingness to assist persons interested in doing an adoption records search.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: FOR:  Celia Fritz, Adoption Center of Washington; Dini Duclos, Medina Children; Laurie Lippold, Children's Home Society; Bill Quick, DSHS-DCFS; Pat Weber, DSHS-DCFS; Mark Demaray; Carole Hepburn; Dave Richardson, WARM

HOUSE AMENDMENTS:

Agreements allowing communication between adoptees, adoptive parents, and birth parents are authorized if found by a court to be in the best interest of a child and all parties to the adoption agree.  Failure to comply with an agreed order regarding communication or contract is not grounds for setting aside an adoption.  No modification of an agreed order is to be made unless the court finds it to be in the best interest of the child.  Modifications must be agreed to by all persons involved in the adoption, or the court must find that exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

The definition of birth parent was modified so that persons convicted of criminal mistreatment or sexual offenses against the adopted child could not be involved in adoption agreements.