Amends TCA Title 36, Chapter 1.

This bill makes various changes to provisions of adoption law, as described below.<br /> <br /> FINAL ORDER OF ADOPTION<br /> <br /> Pursuant to present law provisions governing adoption, unless the child is related to the petitioners, no final order of adoption can be 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.<br /> <br /> Present law also provides that if a 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 may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.<br /> <br /> This bill adds the following to the above provision:<br /> <br /> (1) If the child is three or less at the time the petition is filed, 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 may reduce the six-month waiting period after the filing of the adoption petition to a three-month period and may enter an order of adoption; and<br /> <br /> (2) If the child is within six months of turning 18 at the time of the final hearing of adoption, 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 may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.<br /> <br /> TERMINATION OF PARENTAL OR GUARDIANSHIP RIGHTS<br /> <br /> Present law requires a court to ensure that a hearing on a petition to terminate parental or guardianship rights takes place within six months of the date that the petition is filed, unless the court determines an extension is in the best interests of the child. Present law also requires the court to enter an order that makes specific findings of fact and conclusions of law within 30 days of the conclusion of the hearing. If such a case has not been completed within six months from the date the petition was served, then the petitioner or respondent will have grounds to request that the court of appeals grant an order expediting the case at the trial level.<br /> <br /> This bill rewrites the last sentence of the above provision to provide that the petitioner or respondent will have grounds to request that the court of appeals grant an order expediting the case at the trial level if the case has not been completed within six months from the date the petition was filed, instead of served.<br /> <br /> SURRENDER OF CHILD<br /> <br /> Present law provides, subject to certain restrictions, that a validly executed surrender or a parental consent will give to the person to whom the child is surrendered or to whom a parental consent is given standing to file a written motion for an express order of guardianship or partial guardianship from the court where the child was surrendered, or where the surrender was filed, or in the court that has granted legal custody of the child to such person, or in the court in which the adoption petition is filed. Present law further provides that a validly executed surrender entitles the department of children's services or the licensed child-placing agency that received the surrender to have the court enter an order of guardianship.<br /> <br /> Present law also provides that if the person, the department of children's services, or the licensed child-placing agency to whom the child is surrendered or to whom parental consent is given has physical custody or has otherwise complied with adoption law requirements, and if there has been full compliance with the other provisions of this law, then the court may, contemporaneously with the surrender or the filing of an adoption petition, immediately upon written motion by the person or the person's attorney, and the court must, if the surrender is to a licensed child-placing agency or the department, enter an order giving the person, the licensed child-placing agency, or the department, guardianship or partial guardianship of the child.<br /> <br /> This bill changes the above provision to require the court to, contemporaneously with the surrender or the filing of an adoption petition, immediately upon motion by the person or the person's attorney, or by the department or the licensed child-placing agency, enter an order giving the person, the licensed child-placing agency, or the department, complete guardianship or partial guardianship of the child.<br /> <br /> ILLEGAL PAYMENTS IN CONNECTION WITH PLACEMENT OF A 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 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 a person or persons legally adopting or accepting a child for adoption a payment, fee, contribution, or thing of value whatsoever for rendering a 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 that allowed by law.<br /> <br /> However, present law provides that the above provisions do not prohibit the payment by an 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 and/or child incident thereto, for reasonable counseling fees for the parents or prospective adoptive parents and/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. Moreover, present law requires the expenses to be incurred directly in connection with the maternity, birth, and/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 bill alters the above provision by changing "45 days" to "60 days", and by clarifying, as it pertains to the last sentence of the above provision, that counseling may occur in person or by virtual means.<br /> <br /> PUTATIVE FATHER<br /> <br /> Present law requires the parental rights of the putative father of a child who has not filed a petition to establish paternity of the child or who has not established paternity of the child who is the subject of an adoption proceeding and who meets any of the following criteria to be terminated by surrender, parental consent, termination of parental rights, or by waiver of interest, before the court may enter an order of adoption concerning that child:<br /> <br /> (1) The biological father of a child has filed with the putative father registry a statement of an intent to claim paternity of the child at any time prior to or within 30 days after the child's birth and has notified the registry of all address changes;<br /> <br /> (2) The biological father has claimed to the child's biological mother, or to the petitioners or their attorney, or to the department of children's services, a licensed child-placing agency, or a licensed clinical social worker who or that is involved in the care, placement, supervision, or study of the child that the biological father believes that the biological father is the father of the child; however, if the biological father has previously notified the department of the biological father's claim to paternity of the child pursuant to the putative father registry, then the biological father must be subject to all the requirements for waiver of notice and to all requirements for filing a paternity petition;<br /> <br /> (3) The biological father is recorded on the child's birth certificate as the father of the child;<br /> <br /> (4) The biological father is openly living with the child at the time the adoption proceeding is commenced and is holding himself out as the father of the child; provided, that if custody of the child has been removed from the biological mother by court order, then notice must be given to any man who was openly living with the child at time of the initiation of the custody or guardianship proceeding that resulted in the removal of the custody or guardianship of the child from the biological mother or biological father, if the man held himself out to be the father of the child at the time of the removal; or<br /> <br /> (5) The biological father has entered a permanency plan under laws governing foster care, or under similar provisions of any other state or territory in which the biological father acknowledges paternity of the child.<br /> <br /> This bill changes the above provisions as follows:<br /> <br /> (1) Revises (2) above to provide that the biological father has claimed to one of the persons listed in (2) above that he believes he is the father of the child and has either paid financial support to or for the benefit of the child or the child's mother during the pregnancy or when the mother had physical custody of the child, or has made a court filing or appearance consistent with the biological father's claim of paternity;<br /> <br /> (2) Deletes (3) above; and<br /> <br /> (3) Rewrites the beginning of (4) above to read "The biological father has openly lived with the child and has held himself out as the father of the child . . .".<br /> <br /> ON MARCH 20, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 854, AS AMENDED.<br /> <br /> AMENDMENT #1 removes all of this bill's provisions except for the provisions relative to final orders of adoption, the provisions relative to termination of parental or guardianship rights, and the provision that deletes the present law requirement stating that the parental rights of the putative father of a child who has not filed a petition to establish paternity of the child or who has not established paternity of the child who is the subject of an adoption proceeding and who is recorded on the child's birth certificate as the father of the child must be terminated by surrender, parental consent, termination of parental rights, or by waiver of interest, before the court may enter an order of adoption concerning that child.<br /> <br /> This amendment also revises the provisions relative to termination of parental or guardianship rights:<br /> <br /> (1) To clarify that the court is required:<br /> <br /> (A) To provide a ruling on the petition to terminate parental or guardianship rights within 30 days of the conclusion of the hearing on the petition; and<br /> <br /> (B) To enter an order that makes specific findings of fact and conclusions of law within 30 days of the court's ruling; and<br /> <br /> (2) To rewrite the provision, which provides that the petitioner or respondent will have grounds to request that the court of appeals grants an order expediting the case at the trial level if the case has not been completed within six months from the date the petition was filed; so that it provides, instead, that the petitioner or respondent has grounds to request that the court of appeals grant an order expediting entry of the order if an order has not been entered within 30 days from the court's ruling.<br /> <br /> ON APRIL 17, 2023, THE SENATE SUBSTITUTED HOUSE BILL 854 FOR SENATE BILL 919, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 854, AS AMENDED.<br /> <br /> AMENDMENT #3 revises the provisions relative to termination of parental or guardianship rights:<br /> <br /> (1) To clarify that the court is required:<br /> <br /> (A) To provide a ruling on the petition to terminate parental or guardianship rights within 30 days of the conclusion of the hearing on the petition; and<br /> <br /> (B) To enter an order that makes specific findings of fact and conclusions of law within 30 days of the court's ruling; and<br /> <br /> (2) To rewrite the provision, which provides that the petitioner or respondent will have grounds to request that the court of appeals grant an order expediting the case at the trial level if the case has not been completed within six months from the date the petition was filed; so that it provides, instead, that the petitioner or respondent has grounds to request that the court of appeals grant an order expediting entry of the order if an order has not been entered within 30 days from the court's ruling.<br />