HOUSE BILL REPORT

HB 1545

BYRepresentatives Brekke, Winsley, Scott, Leonard, H. Sommers, Padden, Moyer and Anderson; by request of Department of Social and Health Services

Clarifying certain provisions governing the relinquishment and adoption of children.

House Committe on Human Services

Majority Report:  Do pass.  (8)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

In 1987, the Legislature passed HB 480 which placed in statute the requirements, processes and procedures for court validation of voluntary consent for placement of Indian children.  The legislation was necessary to bring the State into compliance with the federal Indian Child Welfare Act of 1978. The amendatory language to RCW 13.04.030 inadvertently placed exclusive original jurisdiction over all such proceedings in the juvenile court.  Such exclusivity allows the potential for relinquishments and adoptions of Indian children to be challenged and eventually vacated if the required court validation of the voluntary consent is obtained in superior court instead of a juvenile court. The proposed bill would correct that inadvertent error and ensure that relinquishments and adoptions where the voluntary consent is validated in superior court are included.

SUMMARY:

RCW 13.04.030 is amended to remove a reference to relinquishments and adoptions under the listed duties of the juvenile court exclusively.  Superior courts are added to the juvenile courts in their ability to validate such voluntarily consented to relinquishments and adoptions.  This ability is allowed retroactively to the time period after July 25, 1987 and before the effective date of the proposed section to eliminate any gaps in coverage.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lee Ann Miller, Department of Social and Health Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill is necessary to clarify that adoptions and relinquishments validated in Superior Court are not vacated.

House Committee - Testimony Against:      None Presented.