Amends TCA Title 29; Title 36; Title 37; Title 47 and Title 71.

This bill establishes that if a person provides services related to adoption and the services are provided using false or misleading representations of fact or deceptive representations, then the person has engaged in an unfair or deceptive act or practice, which is a Class B misdemeanor.<br /> <br /> ENTITIES AUTHORIZED TO PLACE CHILDREN FOR ADOPTION<br /> <br /> Under present law, only the department of children's services or a licensed child-placing agency or clinical social worker must engage in the placement of children for adoption in this state. This bill establishes that a person commits a Class A misdemeanor if the person engages, or attempts to engage, in placing children for adoption in violation of the laws relative to child care agencies licensed by the department of human services.<br /> <br /> WRONGFUL ADOPTION ACTION<br /> <br /> This bill establishes that a person who is a party to an adoption in this state that violates the laws relative to adoptions or the laws relative to child care agencies licensed by the department of human services may bring an action for wrongful adoption against a licensed child-placing agency, chartered child-placing agency, or licensed clinical social worker that performed, assisted, recommended, or participated in the adoption and knew or reasonably should have known that the adoption was in violation of state law. A person who brings a successful claim for wrongful adoption may recover the following:<br /> <br /> (1) Compensatory damages, including noneconomic damages;<br /> <br /> (2) Punitive damages, if appropriate; and <br /> <br /> (3) Liquidated damages of no less than $100,000 for each child who is adopted in violation of state law.<br /> <br /> ON APRIL 3, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 606, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make changes to present law relative to adoption, as described below.<br /> <br /> TENNESSEE CONSUMER PROTECTION ACT OF 1977<br /> <br /> This amendment makes the following an unfair or deceptive act or practice in violation of the Tennessee Consumer Protection Act of 1977:<br /> <br /> (1) Violating law relative to entities authorized to place children for adoption;<br /> <br /> (2) Violating law relative to illegal payments in connection with placement of a child; and<br /> <br /> (3) Providing services related to the placement of a child or children for adoption, including, but not limited to, counseling or facilitating, and the services are provided using false or misleading representations of fact or deceptive representations.<br /> <br /> ADOPTION FACILITATORS<br /> <br /> This amendment prohibits an adoption facilitator from operating in this state, advertising their services within the boundaries of this state, or providing services to any resident of this state, including, but not limited to, prospective adoptive parents or parents considering placing their child, whether born or not yet born, for adoption.<br /> <br /> This amendment defines an "adoption facilitator" as a person, corporation, agency, or other entity, located inside or outside of this state, that provides or engages in any of the following services in exchange for compensation in violation of law, whether directly or indirectly:<br /> <br /> (1) Soliciting parents who are considering placing their child for adoption, whether born or not yet born, for the purpose of acting as a link between the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal or physical custody of their child, including, but not limited to, adoptive placement; or<br /> <br /> (2) Soliciting prospective adoptive parents for the purpose of acting as a link between parents who are considering placing their child for adoption, whether born or not yet born, and the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal custody of their child, including, but not limited to, adoptive placement.<br /> <br /> However, this amendment clarifies that an "adoption facilitator" does not include the department of children's services, a licensed child-placing agency, a chartered child-placing agency, a licensed clinical social worker, a licensed attorney, a prospective adoptive parent, or a parent considering placing their child for adoption.<br /> <br /> ADVERTISEMENTS<br /> <br /> Present law provides that any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly state that the agency or individual is not licensed or authorized to do such business in this state. This amendment revises this provision to provide, instead, that any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly disclose on any advertisement in this state for the placement of a child or children for adoption, the name of the government authority by which they are licensed, and that they are not licensed by the state of Tennessee. The disclosure must be in a form similar to "(Person/Entity) is (a child-placing agency/an attorney/a clinical social worker) licensed by (government authority). Not licensed in Tennessee.".<br /> <br /> PLACING A CHILD FOR ADOPTION IN VIOLATION OF LAW<br /> <br /> This amendment establishes a Class A misdemeanor offense for a person who engages, or attempts to engage, in placing a child or children for adoption in violation of law relative to adoption or child care agencies.<br /> <br /> REMEDIES<br /> <br /> Present law provides that, if the court finds that any person, corporation, agency, or other entity has engaged in the illegal placement of children for adoption, that person, corporation, agency, or other entity is liable for all the costs of the legal proceedings and for all attorney fees for private persons or private agencies who brought the action, or for the cost of attorney and staff time for the department, involved in the proceeding. This amendment revises this provision to hold the person, corporation, agency, or other entity liable to additional remedies, as described in the next paragraph.<br /> <br /> This amendment provides that adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator may bring a civil action alleging an adoption facilitation claim against such adoption facilitator. This amendment defines an "adoption facilitation claim" as any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child. A person who brings a successful claim for adoption facilitation may recover the following:<br /> <br /> (1) Compensatory damages, including, but not limited to, noneconomic damages;<br /> <br /> (2) Punitive damages, if appropriate; and <br /> <br /> (3) Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law. <br /> <br /> This amendment clarifies that a claim or judgment entered against an adoption facilitator does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption.<br /> <br /> ON APRIL 10, 2023, THE SENATE SUBSTITUTED HOUSE BILL 606 FOR SENATE BILL 542, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 606, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make changes to present law relative to adoption, as described below.<br /> <br /> TENNESSEE CONSUMER PROTECTION ACT OF 1977<br /> <br /> This amendment makes the following an unfair or deceptive act or practice in violation of the Tennessee Consumer Protection Act of 1977:<br /> <br /> (1) Violating law relative to entities authorized to place children for adoption;<br /> <br /> (2) Violating law relative to illegal payments in connection with placement of a child; and<br /> <br /> (3) Providing services related to the placement of a child or children for adoption, including, but not limited to, counseling or facilitating, and the services are provided using false or misleading representations of fact or deceptive representations.<br /> <br /> ADOPTION FACILITATORS<br /> <br /> This amendment prohibits an adoption facilitator from operating in this state, advertising their services within the boundaries of this state, or providing services to any resident of this state, including, but not limited to, prospective adoptive parents or parents considering placing their child, whether born or not yet born, for adoption.<br /> <br /> This amendment defines an "adoption facilitator" as a person, corporation, agency, or other entity, located inside or outside of this state, that provides or engages in any of the following services in exchange for compensation in violation of law, whether directly or indirectly:<br /> <br /> (1) Soliciting parents who are considering placing their child for adoption, whether born or not yet born, for the purpose of acting as a link between the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal or physical custody of their child, including, but not limited to, adoptive placement; or<br /> <br /> (2) Soliciting prospective adoptive parents for the purpose of acting as a link between parents who are considering placing their child for adoption, whether born or not yet born, and the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal custody of their child, including, but not limited to, adoptive placement.<br /> <br /> However, this amendment clarifies that an "adoption facilitator" does not include the department of children's services, a licensed child-placing agency, a chartered child-placing agency, a licensed clinical social worker, a licensed attorney, a prospective adoptive parent, or a parent considering placing their child for adoption.<br /> <br /> ADVERTISEMENTS<br /> <br /> Present law provides that any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly state that the agency or individual is not licensed or authorized to do such business in this state. This amendment revises this provision to provide, instead, that any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly disclose on any advertisement in this state for the placement of a child or children for adoption, the name of the government authority by which they are licensed, and that they are not licensed by the state of Tennessee. The disclosure must be in a form similar to "(Person/Entity) is (a child-placing agency/an attorney/a clinical social worker) licensed by (government authority). Not licensed in Tennessee.".<br /> <br /> PLACING A CHILD FOR ADOPTION IN VIOLATION OF LAW<br /> <br /> This amendment establishes a Class A misdemeanor offense for a person who engages, or attempts to engage, in placing a child or children for adoption in violation of law relative to adoption or child care agencies.<br /> <br /> REMEDIES<br /> <br /> Present law provides that, if the court finds that any person, corporation, agency, or other entity has engaged in the illegal placement of children for adoption, that person, corporation, agency, or other entity is liable for all the costs of the legal proceedings and for all attorney fees for private persons or private agencies who brought the action, or for the cost of attorney and staff time for the department, involved in the proceeding. This amendment revises this provision to hold the person, corporation, agency, or other entity liable to additional remedies, as described in the next paragraph.<br /> <br /> This amendment provides that adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator may bring a civil action alleging an adoption facilitation claim against such adoption facilitator. This amendment defines an "adoption facilitation claim" as any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child. A person who brings a successful claim for adoption facilitation may recover the following:<br /> <br /> (1) Compensatory damages, including, but not limited to, noneconomic damages;<br /> <br /> (2) Punitive damages, if appropriate; and <br /> <br /> (3) Liquidated damages of no less than the greater of $100,000 or twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law. <br /> <br /> This amendment clarifies that a claim or judgment entered against an adoption facilitator does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption.<br /> <br /> ON APRIL 17, 2022, THE SENATE LIFTED THE TABLING MOTION, RECONSIDERED ITS ACTIONS IN PASSING AMENDMENT #1, WITHDREW AMENDMENT #1, AND PASSED HOUSE BILL 606.<br />