Amends TCA Title 36, Chapter 1; Title 37, Chapter 5 and Title 68, Chapter 11.

Under the present law governing adoption, for the purposes of terminating the parental or guardian rights and in order to make the child available for adoption, "abandonment" generally means the following situations: (1) That for a period of four consecutive months immediately preceding the filing of a proceeding, pleading, or petition to terminate the parental rights, the parent or guardian either has failed to visit or has failed to support or make reasonable payments toward the support of the child; (2) (A) That the child has been removed from the home or the custody of the parent or guardian by a court order and placed in the custody of the department of children's services or a licensed child-placing agency; (B) the court found, that the department or agency made reasonable efforts to prevent removal or that the circumstances of the child's situation prevented reasonable efforts from being made prior to removal; and (C) for a period of four months following the removal, the department or agency made reasonable efforts to assist the parent or guardian to establish a suitable home for the child, but the parent or guardian has not made reciprocal reasonable efforts; (3) That a biological or legal father has either failed to visit or failed to make reasonable payments toward the support of the child's mother during the four months immediately preceding the birth of the child; (4) That a parent or guardian is incarcerated at the time of the filing of a proceeding, pleading, or petition to terminate the parental rights, or the parent or guardian has been incarcerated during all or part of the four consecutive months immediately preceding the filing of the action and has done the following: (A) Failed to visit, to support, or to make reasonable payments toward the support of the child for four consecutive months immediately preceding the incarceration; (B) Failed to visit, to support, or to make reasonable payments toward the support of the child during an aggregation of the first 120 days of nonincarceration immediately preceding the filing of the action; or (C) Engaged in conduct prior to, during, or after incarceration that exhibits a wanton disregard for the welfare of the child; or (5) That the child, as a newborn infant aged 14 days or younger was voluntarily left at a facility or in a newborn safety device by the child's mother; and, for a period of 30 days after the date of voluntary delivery, the mother failed to visit or seek contact with the infant; and, for a period of 30 days after notice was given, and no less than 90 days cumulatively, the mother failed to seek contact with the infant through the department or to revoke her voluntary delivery of the infant. This bill continues to apply the four-consecutive-month requirement in (1) to a child who is four years old or older; and lowers the period constituting abandonment from four consecutive months to three consecutive months immediately preceding the filing for a child younger than four years old. This bill continues to apply the incarceration requirement in the introductory language of (4) to a child who is four years old or older, and lowers the period of incarceration from four consecutive months immediately preceding the filing to three consecutive months if the child is less than four years old. This bill continues to apply the four-consecutive-month time period in (4)(A) to a child who is four years old or older and lowers the time period from four consecutive months immediately preceding the filing to three consecutive months if the child is less than four years old. This bill continues to apply the 120 days of nonincarceration requirement in (4)(B) to a child who is four years old or older and lowers the days of nonincarceration immediately preceding the filing from 120 days to 90 days if the child is less than four years old. FINAL ORDER OF ADOPTION 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 the court 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. This bill adds that, in addition to the above, if the child is less than four years old, has resided in the home of the petitioners for at least three months, and 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 required to waive the six-month waiting period after the filing of the adoption petition and enter an order of adoption. ON APRIL 17, 2023, THE SENATE SUBSTITUTED HOUSE BILL 163 FOR SENATE BILL 535, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 163, AS AMENDED. AMENDMENT #2 removes the provisions of this bill that provide that if the child is less than four years old, the child has resided in the home of the petitioners for at least three months, and the court has received the final court report concerning the circumstances of the child and the petitioners are satisfied that the adoption will be in the best interest of the child, then the court is required to waive the six-month waiting period after the filing of the adoption petition and enter an order of adoption.