ICPC State Pages

Washington Adoption

Washington permits the following types of adoptions in addition to public adoptions:

Adoption Statute-Non-Agency; Independent; Private Adoptions:

Chapter 26.33 Revised Code of Washington (RCW)

Washington Administrative Code (WAC), Chapter 388-27

Public

Public Adoptive Placement-Requirements:

• Chapter 26.33 Revised Code of Washington (RCW)

Adoption Assistance

Adoption assistance payments begin:

• After the adoption is finalized

Sending State Adoption Subsidy Payments (Guidelines):

• Monthly adoption support  payments are determined through a discussion and negotiation process between adoptive parents and deprtment representatives based on the needs of the child and family circumstances.  The payment agreed upon must not exceed the amount the child would receive if the child were in a Washington foster home.

Special Needs

Washington definition of "Special Needs":

• “Special needs” means the specific factors or conditions that may prevent the child from being adopted unless the department provides adoption support services. To be considered a child with special needs the following three statements must be true:

   One or more of the following factors or conditions must exist:

  1. The child is of a minority ethnic background;
  2. The child is six years of age or older at the time of application for adoption support;
  3. The child is a member of a sibling group of three or more
  4. The child is a member of a sibling group in which one or more siblings meets the definition of special needs
  5. The child is diagnosed with a physical, mental, developmental, cognitive or emotional disability; or
  6. The child is at risk for a diagnosis of a physical, mental, developmental, cognitive or emotional disability due to prenatal exposure to toxins, a history of serious abuse or neglect, or genetic history.

   2. The state has determined that the child cannot or should not be returned to the biological parent’s home; and

   3. The department or child-placing agency must document that, except where it would be against the child’s best interests, the department or child-placing agency made a reasonable but unsuccessful effort to place the child for adoption without adoption support.

  WAC 388-27-0140

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Washington, child must be in adoptive placement:

• 6 months

Statutory code/cite for Adoption Petition:

• RCW 26.33.030

  RCW 26.33.040

  Petitions-Application of federal Indian child welfare act - Requirements - Federal servicemembers civil releif act statement and findings.

  (1)(a) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child as defined in RCW 13.38.040. If the child is an Indian child, chapter 13.38 RCW shall apply.
  
       (b) Every order or decree entered in any proceeding under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice, consent, and evidentiary requirements under the federal Indian child welfare act, chapter 13.38 RCW, and this section have been satisfied.
  
       (c) In proceedings under this chapter, the adoption facilitator shall file a sworn statement documenting efforts to determine whether an Indian child is involved.
  
       (d) Whenever the court or the petitioning party knows or has reason to know that an Indian child is involved in any termination, relinquishment, or placement proceeding under this chapter, the petitioning party shall promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child.
  
       (e) The notice shall: (i) Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe's right to intervene and/or request that the case be transferred to tribal court.
  
       (f) No termination, relinquishment, or placement proceeding shall be held until at least ten days after receipt of notice by the tribe. If the tribe requests, the court shall grant the tribe up to twenty additional days to prepare for such proceeding.
  
       (2) Every petition filed in proceedings under this chapter shall contain a statement alleging whether the federal servicemembers civil relief act of 2004, 50 U.S.C. Sec. 501 et seq. applies to the proceeding. Every order or decree entered in any proceeding under this chapter shall contain a finding that the federal servicemembers civil relief act of 2004 does or does not apply.

Court Jurisdiction for Adoption Cases:

•  RCW 2.08.010 (1961); 13.04.030 (1962). Chapter 26.33 RCW Adoption

  Juvenile and Family Court Division of Superior Courts handle children and family affairs.

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

•  Revised Code of Washington (RCW) Chaper 26.33.190 (pre-placement report) 

  Revised Code of Washington 26.33.200 (post placement report)

  http://apps.leg.wa.gov/RCW/default.aspx?Cite=26.33