SB 461

Introduction

This bill makes various changes relating to advertising related to adoption or

other permanent physical placements of a child, delegation of parental power

regarding the care and custody of a child for more than one year, and unauthorized

interstate placements of children. The bill also requests the Joint Legislative

Council (JLC) to study adoption disruption and dissolution in this state.

Advertising related to adoption or other permanent physical placements

Under current law, subject to certain exceptions, no person may communicate

by any public medium that originates within this state, including by newspaper,

periodical, telephone book listing, outdoor advertising sign, radio, or television: 1)

for the purpose of finding a child to adopt; 2) that the person will find an adoptive

home for a child or arrange for or assist in the adoption of adoptive placement of a

child; or 3) that the person will place a child for adoption (advertising related to

adoption). That prohibition, however, does not apply to the Department of Children

and Families (DCF), a county department of human services or social services that

is authorized to place children for adoption (county department), or a child welfare

agency that is licensed to place children for adoption; the State Adoption Information

Exchange or the State Adoption Center; a foster care and adoption resource center

or a postadoption resource center funded by this state; an individual who has

received a favorable recommendation regarding his or her fitness to be an adoptive

parent from DCF, a county department, a child welfare agency, or an entity of another

jurisdiction that is authorized to conduct adoption home studies; or an individual

seeking to place his or her own child for adoption.

This bill expands the prohibition against advertising related to adoption to

include communicating by any computerized communication system, including by

electronic mail, Internet site, Internet profile, or any similar medium of

communication provided via the Internet.

The bill also expands the prohibition against advertising related to adoption to

prohibit a person from advertising: 1) for the purpose of finding a child to otherwise

take into permanent physical custody; 2) that the person will find any other

permanent physical placement for a child or arrange for or assist in any other

permanent physical placement of a child; or 3) that the person will place a child in

any other permanent physical placement.

In addition, the bill limits the current exception to the prohibition against

advertising related to adoption that permits an individual seeking to place his or her

own child for adoption to permit such an individual to advertise for adoption only if

the child is under one year of age.

Delegation of parental powers

Under current law, subject to certain exceptions, a parent who has legal custody

of a child may, by a properly executed power of attorney, delegate to an agent, for no