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SUBSTITUTE HOUSE BILL 2529
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AS AMENDED BY THE SENATE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/04/94.
Providing that persons and entities
involved in adoption processes shall incur no liability.
AN ACT Relating to
adoption; amending RCW 26.33.350 and 26.33.380; and adding a new section to
chapter 26.33 RCW.
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:
(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
complete medical report containing all known and available information
concerning the mental, physical, and sensory handicaps of the child.
(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 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 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;
(c) A referral to a
specialist if indicated; and
(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.
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.
NEW SECTION. Sec.
3. A new section is added
to chapter 26.33 RCW to read as follows:
The
department shall adopt rules, in consultation with affected parties,
establishing minimum standards for making reasonable efforts to locate records
and information relating to adoptions as required under RCW 26.33.350 and
26.33.380.
