2529-S

AN ACT Relating to adoption; and amending RCW 26.33.350 and 26.33.380.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 26.33.350 and 1991 c 136 s 4 are each amended to read as follows:

(2) The report shall not reveal the identity of the ((~~natural~~)) birth parent of the child except as authorized under this chapter but shall include any known or reasonably available mental or physical health history of the ((~~natural~~)) birth parent that needs to be known by the adoptive parent to facilitate proper health care for the child or that will assist the adoptive parent in maximizing the developmental potential of the child.

((~~(2)~~)) (3) Where known or reasonably available, the information provided shall include:

(a) A review of the birth family's and the child's previous medical history, ((~~if available,~~)) including the child's x-rays, examinations, hospitalizations, and immunizations. After July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department;

(b) A physical exam of the child by a licensed physician with appropriate laboratory tests and x-rays;

(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.

(4) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's mental, physical, and sensory handicaps. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's present or future health. If the entity or person providing the information has made reasonable efforts to locate records and information and has provided known and reasonably available information to the prospective adoptive parents, the entity or person shall incur no liability regarding the child's present or future health. Failure to make reasonable efforts to locate information and records shall constitute ordinary negligence.

Sec. 2. RCW 26.33.380 and 1993 c 81 s 4 are each amended to read as follows:

(1) Every person, firm, society, association, ((or)) corporation, or state agency receiving, securing a home for, or otherwise caring for a minor child shall transmit to the prospective adopting parent prior to placement and shall make available to all persons with whom a child has been placed by adoption, a family background and child and family social history report, which includes a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. Such reports or information shall not reveal the identity of the birth parents of the child but shall contain reasonably available nonidentifying information.

(2) Entities and persons obligated to provide information under this section shall make reasonable efforts to locate records and information concerning the child's family background and social history. The entities or persons providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's mental or physical health. If the entity or person providing the information has made reasonable efforts to locate records and information and has provided known and reasonably available information to the prospective adoptive parents, the entity or person shall incur no liability regarding the child's mental or physical health. Failure to make reasonable efforts to locate information and records shall constitute ordinary negligence.