SB 79

This bill provides a method by which a mother, father, or alleged or presumed father may disclaim his or her parental rights with respect to a child under the age of one who is not an Indian child in writing as an alternative to appearing in court to consent to the termination of his or her parental rights. The bill also allows payments to be made to a licensed out-of-state private child placing agency for services provided in connection with an adoption.

Disclaimer of parental rights

Subject to certain exceptions, current law generally requires a birth parent to appear in court to consent to the termination of his or her parental rights. This bill adds an exception that allows a mother, father, or alleged or presumed father to avoid appearing in court if he or she files with the court an affidavit disclaiming his or her parental rights with respect to a child under the age of one and if no participant in the court proceeding knows or has reason to know that the child is an Indian child. A minor may use such an affidavit of disclaimer only after the TPR petition has been filed, he or she has been offered legal counseling, and he or she has been appointed a guardian ad litem and only if the guardian ad litem approves the disclaimer. The affidavit must comply with certain requirements, including that it must be witnessed and notarized and must include a statement that the parent understands the effect of an order to terminate parental rights and that he or she voluntarily disclaims any rights that he or she may have to the child. The bill requires the court to review the affidavit and make findings on whether it meets all of the requirements.

Under the bill, the affidavit containing a disclaimer of parental rights may be executed before the birth of the child by the father or alleged or presumed father but not the mother and may be executed by either parent 120 hours or more after the birth until the child’s first birthday; however, the affidavit may not be executed by either parent from birth until 120 hours after the birth or on or after the child’s first birthday.

Under the bill, if executed by the father or alleged or presumed father before the child’s birth, the disclaimer is revokable for any reason until 72 hours after execution or 120 hours after the birth, whichever is later. If executed by the mother, the disclaimer is revocable for any reason until 72 hours after execution. If not revoked by the applicable time limit, the disclaimer is irrevocable unless obtained by fraud or duress. Under the bill, no action to invalidate a disclaimer, including an action based on fraud or duress, may be commenced more than three months after the affidavit was executed. If parental rights to a child are terminated based upon such a disclaimer of parental rights, the bill prohibits a court from entering an order granting adoption of the child until three months have passed since the affidavit was executed.

The bill requires the agency making the placement of the child for adoption, whether the agency is the Department of Children and Families, the county department of human services or social services, or a licensed child welfare agency, to offer both counseling and legal counseling to the person disclaiming his or her parental rights, at the agency’s expense, prior to execution of the affidavit. The person must acknowledge in the affidavit that he or she has been offered these counseling and legal counseling sessions and whether or not he or she accepted them.

Payments relating to adoption

This bill allows payments to be made to an out-of-state private child placing agency that is licensed in the state in which it operates for services provided in connection with an adoption and, where applicable, in compliance with the federal Indian Child Welfare Act, as certified to DCF. Under the bill, a private child placing agency means a private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one state to another state. Current law allows payments for such services only to a child welfare agency licensed in this state.