SENATE BILL REPORT

SB 6494

BYSenators 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)

                  February 2, 1990

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, JANUARY 30, 1990

BACKGROUND:

During the 1989 interim, an Adoption Study Committee was formed to study the issues surrounding adoption and report to the Legislature regarding their findings.  The membership of the committee 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.

Currently adoption agencies who provide maternity services are required to receive court approval anytime they provide financial assistance to a birth mother.  This is required to prevent coercive behaviors which might obligate the birth mother to relinquish her child.  The study committee developed language to be included in WAC which would allow some commonly provided services to be done without court approval, saving the agencies unnecessary time and expense involved with obtaining court approval.

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 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 work 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, they must sign a document stating that they have 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 at the time adoptions are finalized.

All adoption facilitators (agencies, attorneys or doctors) must provide to the 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.

Adoption agencies which also provide maternity services are exempt from the baby buying-selling statute.

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 who are interested in doing an adoption records search.

EFFECT OF PROPOSED SUBSTITUTE:

The language regarding maternity homes is eliminated from the bill.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

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