Amends TCA Title 36, Chapter 1, Part 1 and Title 37, Chapter 2, Part 4.

ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 270, AS AMENDED.<br /> <br /> AMENDMENT #2 changes this bill's effective date to July 1, 2023, and adds new sections to this bill that revise present law provisions governing adoption and foster care, as described below.<br /> <br /> ILLEGAL PAYMENTS IN CONNECTION WITH PLACEMENT OF CHILD<br /> <br /> Under present law, it is unlawful for a person, corporation, agency, or other entity other than the department of children's services or any of its divisions or units ("department") or a licensed child-placing agency or licensed clinical social worker that is subject to regulation by the department, to charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever, for rendering any service in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than allowed by law.<br /> <br /> Present law further provides that:<br /> <br /> (1) The above provision does not prohibit the payment by any interested person of reasonable charges or fees for hospital or medical services for the birth of the child, or for medical care and other reasonable birth-related expenses for the mother or child incident thereto, for reasonable counseling fees for the parents or prospective adoptive parents or child, for reasonable legal services or the reasonable costs of legal proceedings related to the adoption of any child or for reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities or transportation for a reasonable period not to exceed 90 days prior to or 45 days after the birth or surrender or parental consent to the adoption of the child, unless a court with jurisdiction for the surrender or adoption of a child, based upon detailed affidavits of a birth mother and the prospective adoptive parents and such other evidence as the court may require, specifically approves in a written order, based upon a motion filed by the prospective adoptive parents for that purpose, any expenses specifically allowed in this provision for a period prior to or after the periods noted above; and<br /> <br /> (2) Such expenses must be incurred directly in connection with the maternity, birth, or placement of the child for adoption, or for legal services or for costs of legal proceedings directly related to the adoption of the child, or for counseling for a period of up to one year for the parent who surrenders the child or consents to the adoption of the child;<br /> <br /> This amendment revises (1) above by changing the reasonable period to the duration of the pregnancy and 90 days after the birth or surrender or parental consent to the adoption of the child; and revises (2) by increasing the counseling period from up to one year, to up to two years.<br /> <br /> SURRENDER OF CHILD<br /> <br /> Present law requires all surrenders to be made in chambers before a judge of the chancery, circuit, or juvenile court except as provided in law, and requires the court to advise the person surrendering the child of the right of revocation of the surrender and time for the revocation and the procedure for such revocation. This amendment revises this provision to authorize, at the court's discretion, a surrender to be made in chambers or over a virtual video platform on which the court sees the person surrendering the child.<br /> <br /> Under present law, a Tennessee surrender form must contain statements by the surrendering party, acknowledging that the person knows:<br /> <br /> (1) That the person should only sign the form if the person wants the person's parental rights terminated;<br /> <br /> (2) That, if the person wants to talk to the person's lawyer before signing the form, then the person should tell the judge or other officiant, and the surrender process will stop; and<br /> <br /> (3) That the person can talk to the person's lawyer and then decide if the person still wants to end the person's parental rights.<br /> <br /> This amendment adds to the above list, that a Tennessee surrender form must also contain a statement by the surrendering party acknowledging the following:<br /> <br /> (1) That the person understands, if the person does not have a lawyer, that the person is free to go obtain a lawyer and the surrender process will stop until the person has done so; and<br /> <br /> (2) That the judge or other officiant has also advised the person that once their child is born, the person is still free to obtain their own lawyer, who the person can consult with prior to and during any reaffirmation of this surrender.<br /> <br /> Present law prohibits any surrender or parental consent that is made prior to the birth of a child from being valid, except in certain cases where the person executing the surrender resides in another state or territory of the United States. This amendment revises the above provision to instead:<br /> <br /> (1) Authorize a surrender or parental consent to be made at any time prior to birth, but a surrender or parental consent made prior to the birth of a child must not be filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, except in certain cases where the person executing the surrender resides in another state or territory of the United States;<br /> <br /> (2) Require, at the time of taking a parental consent prior to the birth of the child, the judge to explain to the consenting parent the legal effect of signing the document, the time limit for withdrawal of the consent, and the procedures for withdrawal of the consent; and<br /> <br /> (3) Require any surrender or parental consent made prior to the birth of a child to be reaffirmed within three calendar days of the birth of the child, except in certain cases where the person executing the surrender resides in another state or territory of the United States.<br /> <br /> Present law generally prohibits from being valid, any surrender or parental consent that is made within three calendar days subsequent to the date of the child's birth, such period to begin on the day following the child's birth. This amendment revises this provision to, instead, prohibit any surrender or parental consent from being valid, unless made after the earlier of discharge from a hospital or other birthing facility or 48 hours following the child's birth.<br /> <br /> FINAL ORDER OF ADOPTION<br /> <br /> Unless the child is related to the petitioners, present law prohibits a final order of adoption from being entered before the home study has been filed with the court and before the petition has been on file at least six months and before a final court report is filed with the court, except when the order is based upon a petition for readoption. This amendment adds to this provision that the court is authorized, considering the petition as a whole, to deem it in the best interest of the child to reduce the waiting period to three months.<br /> <br /> Under present law, if the child has already resided in the home of the petitioners for six months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, then the court is authorized to waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. This amendment revises this provision by lowering six months to three months.<br /> <br /> AVAILABILITY OF RECORDS TO ADOPTED AND CERTAIN OTHER PERSONS FOR ADOPTIONS FINALIZED OR ATTEMPTED PRIOR TO CERTAIN DATES<br /> <br /> This amendment:<br /> <br /> (1) Prohibits any identifying information from the sealed records, sealed adoption records, or post-adoption records from being released if:<br /> <br /> (A) The biological parent of the adopted person has executed a request for redaction of identifying information; and <br /> <br /> (B) The adopted person was less than six months old at the time the request was executed; <br /> <br /> (2) Requires such request for redaction to be made on a form created by the department of children's services, and <br /> <br /> (3) Provides that such request may only be rescinded by submission of a sworn, notarized statement requesting such rescission, and that the rescission is effective upon the department's acknowledgment of receipt of the rescission.<br /> <br /> FOSTER CARE<br /> <br /> This amendment requires: <br /> <br /> (1) The department of children's services:<br /> <br /> (A) To strive to identify and finalize a safe, stable, and permanent home for children in the custody of the department; and<br /> <br /> (B) To permit the foster parent or parents a period of respite for up to six months, free from placement of foster children in the family's home with follow-up contacts by the agency occurring at a minimum of every three months, without threat of reprisal; and<br /> <br /> (2) The foster parent or parents to provide reasonable notice, as determined by the department, to the department for respite.<br />