Revised Code of Washington

Wash. Rev. Code § 26.33.350 (2026)

✓ current as of May 2026

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(1) Every person, firm, society, association, 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 disabilities of the child.

(2) The report shall not reveal the identity of the 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 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.

(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, 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;

(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 disabilities. 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.

[ 2020 c 274 s 4; 1994 c 170 s 1; 1991 c 136 s 4; 1990 c 146 s 6; 1989 c 281 s 1; 1984 c 155 s 37.]

Notes of Decisions

Cited in 7 cases, 1998–2003 · leading case: McKinney v. State, 134 Wash. 2d 388 (Wash. 1998).

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McKinney v. State, 134 Wash. 2d 388 (Wash. 1998). · cites it 32× “We hold adoptive parents may state a cause of action against an adoption placement *390 agency for the negligent failure to meet the disclosure requirements of RCW 26.33.350 or RCW 26.33.380. We further hold the status of prospective adoptive parent 2 attaches when the child is…”

McKinney v. State, 950 P.2d 461 (Wash. 1998). · cites it 32× “We hold adoptive parents may state a cause of action against an adoption placement agency for the negligent failure to meet the disclosure requirements of RCW 26.33.350 or RCW 26.33.380. We further hold the status of prospective adoptive parent [2] attaches when the child is…”

Price v. State, 57 P.3d 639 (Wash. Ct. App. 2002). · cites it 3× “The court said: We believe the Legislature has established the duty owed by adoption placement agencies in RCW 26.33.350 (medical/psychological history) and RCW 26.”

Avery v. Dep't of Soc. & Health Servs., 150 Wash. 2d 409 (Wash. 2003). “factors were adopted only in essence as applied to RCW 26.33.350 and RCW 26.33.380, which relate to medical reports and family and social history reports of the child.”

In Re Adoption of BT, 78 P.3d 634 (Wash. 2003). “factors were only adopted in essence as applied to RCW 26.33.350 and RCW 26.33.380, which relate to medical reports and family and social history reports of the child.”

Price v. State, 980 P.2d 302 (Wash. Ct. App. 1999). “Here, the Prices’ cause of action accrued when they knew or should have known that (1) DSHS failed to disclose at the time of adoption all of C.’s relevant health history, including the health history of his biological parents (breach); (2) they would not have adopted C.”

— Wash. Rev. Code § 26.33.350(1) — 2 cases

McKinney v. State, 134 Wash. 2d 388 (Wash. 1998). “We hold adoptive parents may state a cause of action against an adoption placement *390 agency for the negligent failure to meet the disclosure requirements of RCW 26.33.350 or RCW 26.33.380. We further hold the status of prospective adoptive parent 2 attaches when the child is…”

McKinney v. State, 950 P.2d 461 (Wash. 1998). “We hold adoptive parents may state a cause of action against an adoption placement agency for the negligent failure to meet the disclosure requirements of RCW 26.33.350 or RCW 26.33.380. We further hold the status of prospective adoptive parent [2] attaches when the child is…”

— Wash. Rev. Code § 26.33.350(2) — 2 cases

— Wash. Rev. Code § 26.33.350(4) — 2 cases

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