H-1879              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1956

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Winsley, Brekke, Heavey, Leonard, Moyer, Bristow, Padden, Ebersole, Anderson and Youngsman)

Read first time 2/22/89.

AN ACT Relating to adoption; adding new sections to chapter 26.33 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.33 RCW to read as follows:

          (1) Prior to the entry of the final decree of adoption, the petitioner shall file with the court a signed and verified written declaration describing any money, anything of value, or other consideration paid or transferred by or on behalf of the petitioner in connection with the placement of or adoption of the child.  The accounting shall show all payments or transfers made or to be made or consideration given or promised by or on behalf of the petitioner in connection with the placement or adoption, including but not limited to:

          (a) Physician expenses;

          (b) Hospital and other medical expenses;

          (c) Court costs and fees for legal services; and

          (d) Agency fees or expenses.

          (2) Prior to the entry of the final decree of adoption, the petitioner's attorney and any child-placing agency having legal custody of the child shall file with the court a signed and verified written declaration describing all fees, compensation, and other remuneration received or expected to be received by him or her for any services related to the placement or adoption of the child.  At a minimum, the written declaration shall set forth a specific description of the various services provided and the fees charged for such services.

          (3) The court shall review, prior to the entry of any decree of adoption, the written declarations filed pursuant to the requirements of this section and the court shall determine the reasonableness of any payments, transfers, considerations, or fees which have been or will be paid or charged in connection with the placement or adoption.  If the court determines any charges to be unreasonable, the court shall set a reasonable charge and the court may order reimbursement of the difference between any charges set by the court and amounts previously paid for such charges.

          (4) The requirements of this section shall not apply to proceedings involving the adoption of a child by his or her stepparent, extended family member, or involving the adoption of a person age eighteen or older.  For purposes of this subsection "extended family member" means a person related by blood or marriage to the child in the following degrees:  Grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.33 RCW to read as follows:

          (1) Unless the context clearly requires otherwise, "advertisement" means communication by newspaper, radio, television, handbills, placards or other print, broadcast, or the electronic medium.  This definition applies throughout this section.

          (2) No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, within the geographic borders of this state, an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is:

          (a) A duly authorized agent, contractee, or employee of the department or a children's agency or institution licensed by the department to care for and place children; or

          (b) A person who has a completed preplacement report as set forth in RCW 26.33.190 (1) and (2) with a favorable recommendation as to the fitness of the person to be an adoptive parent, or such person's duly authorized agent or attorney who is licensed or authorized to practice in the state.  Verification of compliance with the requirements of this section shall consist of a written declaration by the person or entity who prepared the preplacement report.

          (3) Any such person or entity who places or causes such advertisement as prohibited in subsection (2) of this section shall be guilty of a misdemeanor.