SENATE BILL REPORT
SB 5548
As of January 21, 2022
Title: An act relating to the uniform unregulated child custody transfer act.
Brief Description: Concerning the uniform unregulated child custody transfer act.
Sponsors: Senators Pedersen, Wagoner, Dhingra and Mullet; by request of Uniform Law Commission.
Brief History:
Committee Activity: Law & Justice: 1/13/22.
Brief Summary of Bill
  • Prohibits a parent or guardian with custody of a child, as well as an individual with whom a child has been placed for adoption, from transferring custody of a child to someone beyond family members and other specified categories of individuals.
  • Prohibits a person from receiving custody of a child, or facilitating in the transfer of custody of a child, if the person knows or reasonably should know that the transfer violates the Uniform Unregulated Child Custody Transfer Act (Act).
  • Provides the Department of Children, Youth, and Families with authority to investigate probable violations and to take appropriate action to protect the child.
  • Prohibits unauthorized solicitation and advertising for the purpose of transferring, or finding a child to transfer in violation of this Act.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Ryan Giannini (786-7285)
Background:

It is unlawful for any person, partnership, society, association, or corporation, except the parents, to assume the permanent care and custody of a child.  Unless otherwise permitted by court order or statute, it is unlawful for any parent to relinquish or transfer to another person, partnership, society, association, or corporation the permanent care and custody of any child for adoption or any other purpose.  A violation of these prohibitions is a gross misdemeanor.
 
The Uniform Law Commission (ULC) is a state-supported, nonpartisan, nonprofit organization that drafts and proposes specific statutory language that may be adopted by states.  In 2021, the ULC drafted the Uniform Unregulated Child Custody Transfer Act (Act) to prevent situations in which birth or adoptive parents would transfer custody of their child to another person outside of the child welfare system.
 
The Act provides a uniform legal framework to prohibit unregulated child custody transfers.  An unregulated child custody transfer is a transfer by a parent or guardian of a child or an individual with whom a child has been placed for adoption that is performed without state agency or court oversight that assures the new custodian is safe and appropriate for the child.  The provisions have not been adopted in any other state.
Summary of Bill:

A parent, guardian, or individual with whom a child has been placed for adoption may transfer custody of the child to another person with intent to abandon the rights and responsibilities concerning the child only through adoption or guardianship, judicial award of custody, placement by or through a child-placing agency, other judicial or tribal action, or transfer of a newborn to a qualified person.
 
It is a gross misdemeanor for a parent or guardian with custody of a child, as well as an individual with whom a child has been placed for adoption, to transfer custody of a child to someone beyond family members and other specified categories of individuals if the parent, guardian, or individual with whom a child has been placed for adoption intends to abandon their rights and responsibilities regarding the child.
 
A person may not receive custody of a child, or act as an intermediary in a transfer of custody of child, if the person knows, or reasonably should know, the transfer is in violation of the prohibitions, unless a person notifies the Department of Children, Youth, and Families (DCYF) or law enforcement as soon as practicable after the transfer, or takes appropriate action to establish custody.  A violation is a gross misdemeanor.
 
DCYF has the authority to investigate probable violations of the act and to take appropriate action to protect the child and the authority to perform home visits for adopted children or children placed through an intercountry adoption.
 
Unauthorized solicitation and advertising for the purpose of transferring or finding a child to transfer in violation of the act constitutes an unfair or deceptive act or practice in trade or commerce.
 
The prohibitions of the Act apply to transfers of custody and unauthorized solicitations or advertisements on or after the effective date of this act.
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.