Fiscal Summary
NOT SIGNIFICANT
Bill Summary
ABANDONMENT
For purposes of terminating the parental or guardian rights of a parent or parents or a guardian or guardians of a child to that child in order to make that child available for adoption, "abandonment" means that:
(1) If the child is four or more, for a period of four consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child; and
(2) If the child is less than four, for a period of three consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child.
This bill adds to the present law by clarifying that the child's age is determined at the time of the filing of a petition for termination of parental rights.
This bill provides that for supplemental petitions to terminate parental rights, the calculation of the applicable time periods for abandonment is calculated from the date a motion to supplement was filed.
TOKEN SUPPORT
As used in the present law above, "failed to support" or "failed to make reasonable payments toward such child's support" means the failure, for the applicable time period, to provide monetary support or the failure to provide more than token payments toward the support of the child. As used in the present law, "token support" means that the support, under the circumstances of the individual case, is insignificant given the parent's means. This bill adds to the definition of "token support" by providing that the parent or guardian bears the burden of proving by a preponderance of the evidence that any support provided was more than token support.
ENTITIES AUTHORIZED TO PLACE CHILDREN FOR ADOPTION
This bill requires child-placing agencies and attorneys who are not licensed by this state to secure the services of a child-placing agency or attorney who is licensed by this state to provide adoption-related services to any adoptive family, expectant parent, or child in this state.
ILLEGAL PAYMENTS IN CONNECTION WITH CHILD PLACEMENT
Present law provides that the law regarding illegal payments in connection with the placement of a child does not prohibit the payment by any 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 or child, for reasonable counseling fees for the parents or prospective adoptive parents 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 the duration of the pregnancy and 90 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 the present law for a period prior to or after the periods noted above;
Present law requires such 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, which may occur in person or by virtual means, for a period of up to two years for the parent who surrenders the child or consents to the adoption of the child;
Present law authorizes the payment for such expenses to only be for expenses or costs actually incurred during the periods permitted in the above provisions regarding illegal payments in connection with child placement. However, this does not prohibit the actual payment or receipt of payment for such expenses or costs after those periods that were actually incurred during those periods.
This bill adds to the present law by providing that reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents must execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made.
SURRENDER OF CHILD
The Tennessee surrender form provides that "the judge or other officiant has also advised me that once my child is born, I am still free to obtain my own lawyer, who I can consult with prior to and during any reaffirmation of this surrender which I may choose to make". This bill rewrites the Tennessee surrender form and, instead, provides that "the judge or other officiant has also advised me that I have the right to a lawyer".
Present law prohibits a surrender or any parental consent from being valid that does not meet the requirements of existing law regarding the home study of the prospective adoptive parents. This bill rewrites the present law to exclude parental consent from the prohibition.
Present law authorizes a surrender or parental consent to be made at any time prior to birth, but a surrender or parental consent made prior to the birth of a child must not be filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, unless the surrender was executed by a person in another state or territory of the U.S. At the time of taking a parental consent prior to the birth of the child, the judge must explain to the consenting parent the legal effect of signing the document, the time limit for withdrawal of the consent, and the procedures for withdrawal of the consent. Any surrender or parental consent made prior to the birth of a child must be reaffirmed within three calendar days of the birth of the child, except a surrender by a person in another state or territory of the U.S. This bill rewrites the present law to exclude parental consent from these provisions. This bill also deletes the requirement of the judge to explain to the consenting parent the legal effect of signing the document, the time limit for withdrawal of the consent, and the procedures for withdrawal of the consent.
Present law prohibits a surrender or parental consent from being valid unless made after the earlier of discharge from a hospital or other birthing facility or 48 hours following the child's birth. However, the court may, for good cause shown, which is entered in an order in the minute book of the court, waive this waiting period. This bill rewrites the present law to exclude parental consent from the prohibition.
Present law also prohibits a surrender or parental consent from being valid if the surrendering or consenting party states a desire to receive legal or social counseling until such request is satisfied or withdrawn. This bill rewrites the present law to exclude parental consent from the prohibition.
Unless the surrender or parental consent is made to the physical custodian or unless an exception otherwise applies, this bill prohibits surrender or parental consent from being sufficient to make a child available for adoption in any situation where any other person or persons, the department of children's services ("department"), a licensed child-placing agency, or other child-caring agency in this state or any state, territory, or foreign country is exercising the right to physical custody of the child under a current court order at the time the surrender is sought to be executed or when a parental consent is executed, or when those persons or entities have any currently valid statutory authorization for custody of the child. This bill rewrites the present law to exclude parental consent from the prohibition.
Present law prohibits a surrender from being valid unless the person or persons or entity to whom or to which the child is surrendered or parental consent is given (i) has, at a minimum, physical custody of the child; (ii) will receive physical custody of the child from the surrendering parent or guardian within five days of the surrender; (iii) has the right to receive physical custody of the child upon the child's release from a health care facility; or (iv) has a sworn, written statement from the person, the department, the licensed child-placing agency, or child-caring agency that has physical custody which waives the rights pursuant to the above provision. This bill deletes this provision entirely.
TERMINATION OF PARENTAL OR GUARDIANSHIP RIGHTS
This bill authorizes the initiation of termination of parental or guardianship rights to be based upon the court hearing the petition for termination of parental rights findings by clear and convincing evidence that one of the following situations occurred:
(1) The father engaged in an act of unlawful sexual penetration against the child's mother by which the child was conceived and the father (i) used force or coercion to accomplish the act; (ii) accomplished the act without the consent of the mother of the child and the father knew or had reason to know at the time of penetration that the mother of the child did not consent; (iii) knew or had reason to know that the mother of the child was mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult; or (iv) accomplished the sexual penetration by fraud; or
(2) The father engaged in an act against the child's mother that resulted in (i) the child's conception; and (ii) the father's conviction for or plea of guilty to a criminal offense.
Present law requires the court to ensure that the hearing on the petition takes place within six months of the date that the petition is filed, unless the court determines an extension is in the best interest of the child. The court must provide a ruling on the petition within 30 days of the conclusion of the hearing and must enter an order that makes specific findings of fact and conclusions of law within 30 days of the ruling. If an order has not been entered within 30 days from the court's ruling, then the petitioner or respondent has grounds to request that the court of appeals grant an order expediting entry of the order. This bill adds to the present law by authorizing a termination of parental rights and a finalization of an adoption to be heard and decided in the same hearing if the court determines it is in the best interest of the child.
This bill provides that for the purposes of all grounds for termination of parental rights described in existing law, a person is presumed to have knowledge that sexual activity leads to pregnancy. An adult has an affirmative obligation to inquire whether their sexual activity has resulted in a pregnancy, and a minor has such obligation upon attaining 18 regardless of when the sexual activity occurred. A lack of specific knowledge of a pregnancy or birth of a child does not serve as a defense to a ground for termination of parental rights if the person failed to inquire, or failed to attempt to inquire, whether the person's actions resulted in pregnancy or the birth of a child.
INTERVENING ADOPTION PETITION
This bill requires an intervening petition for adoption to be decided upon the premise of permissive intervention pursuant to the Tennessee Rules of Civil Procedure. All requirements for prospective adoptive parents and the filing requirements of the petition under any of the general provisions regarding adoption must be met, except for the requirement of having physical custody or the right to receive physical custody at the time of filing.
PARTIES TO PROCEEDINGS
Present law provides that unless the legal parent, guardian, or any putative father of the child has surrendered parental or guardianship rights to the child, executed a parental consent, or waived the person's rights pursuant to existing law, or unless the person's rights have been terminated by court order, such person must be made a party to the adoption proceeding or to a separate proceeding seeking termination of those rights and those rights must be terminated prior to entry of an order of adoption.
This bill rewrites the above provision and, instead, provides that only a legal parent, guardian, or putative father of the child is a necessary party to the adoption proceeding or to a separate proceeding seeking termination of those rights prior to the entry of an order of adoption and those rights must be terminated prior to the entry of an order of adoption. If a person has surrendered parental or guardianship rights to the child, executed a parental consent, waived the person's rights pursuant to existing law, or the person's rights have been terminated by court order, then the person is not a necessary party.
TERMINATION OF RIGHTS OF PUTATIVE FATHER
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:
(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;
(2) The biological father has claimed to the child's biological mother, or the petitioners or their attorney, or to the department, a licensed child-placing agency, or a licensed clinical social worker who 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 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. 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 is subject to all requirements for waiver of notice provisions of the law relevant to the putative father registry and to all requirements for filing a paternity petition;
(3) The biological father has openly lived with the child and has held himself out as the father of the child. However, 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 the 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
(4) The biological father has entered a permanency plan under the law relevant to foster care, or under similar provisions of any other state or territory in which the biological father acknowledges paternity of the child.
This bill deletes the above provisions relevant to the termination of rights of a putative father.
CONSENT OF THE CHILD
Present law requires, when the child who is the subject of the adoption is 14 or older at any time before the granting of the petition, the adoption court must receive the sworn, written consent of such child to the adoption, which must be filed with the record, and the consent of such minor must be recited in the order of adoption. The court must receive the consent and testimony from the child in chambers with only the child and a guardian ad litem if required and appointed by the court for the child present.
The bill changes the present law by, instead, requiring the court to receive the consent and testimony from the child in chambers, if requested by the child. This bill also provides that the consent is legally sufficient if it contains statements comparable to the "Consent to Adoption by Minor" form in this bill.
ADOPTION OF AN ADULT
Present law provides that when the person sought to be adopted is 18 or older, only the sworn, written consent of the person sought to be adopted is required and no order of reference or any home studies need be issued. If the adult person to be adopted has been adjudicated incompetent, then the written consent of the adult person's conservator is required. If the person is without a conservator and the court has reason to believe that the person is incompetent to give consent, then the court must appoint a guardian ad litem who must investigate the person's circumstances and that guardian ad litem must give or withhold consent. The guardian ad litem must file a written report stating the basis for the decision and the court must afford a hearing to all parties to present evidence as to the best interests of the person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent person, it may proceed to make any other orders it deems necessary for the person's welfare, including granting the adoption petition.
Present law also provides in all other situations for adult persons who are the subject of an adoption petition, no order of reference, social investigation, report to the court by a licensed child-placing agency or licensed clinical social worker or the department, or the waiting period is required. This bill adds to this present law by providing that a putative father registry check in this or any other state is also not required.
SERVICE OF PROCESS
Present law requires service of process for adoption proceedings and termination proceedings in chancery and circuit courts pursuant to the general provisions regarding adoptions to be made pursuant to the Tennessee Rules of Civil Procedure and the statutes governing substituted service.
Present law requires service of process for proceedings to terminate parental rights in juvenile court to be pursuant to the Tennessee Rules of Civil Procedure, unless a finding is made pursuant to Tennessee Rules of Juvenile Procedure that the interests of justice require otherwise, the statutory requirements of the law regarding juvenile courts and proceedings, where not otherwise in conflict with the general provisions of the law relevant to adoption, and the statutes governing substituted service. This bill removes the exception in the present law where a finding is made pursuant to Tennessee Rules of Juvenile Procedure that the interests of justice require otherwise, and instead, always requires service of process for proceedings to terminate parental rights in juvenile court to be pursuant to the Tennessee Rules of Civil Procedure.
FINAL ORDER OF ADOPTION
Present law requires the clerk of the court to furnish the department a certified copy of all final orders of adoption and the affidavits required or final orders dismissing the adoption proceedings, and the department must record pertinent information from the order, and the department must maintain a copy of the order with all other information in the sealed adoption record. This bill adds to the present law by also requiring the clerk of the court to simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption upon entry of the final order of adoption by the court.
CONTESTED TERMINATION
Present law provides that in all cases where the termination of parental rights or adoption of a child is contested by any person or agency, the trial court must, consistent with due process, expedite the contested termination or adoption proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than child protective services cases. This bill changes the present law by, instead, requiring the trial court to expedite the contested termination or adoption proceeding by setting a scheduling conference within 30 days of the filing of a response or answer to a petition for termination of parental rights or adoption and entering such scheduling orders as are necessary to ensure that the case is not delayed.
This bill prohibits a notice of appeal in a termination of parental rights action from being filed by an attorney who is not specifically authorized by the appellant to file a notice of appeal on the appellant's behalf.
JUVENILE COURT AND PROCEEDINGS
Present law provides that when jurisdiction has been acquired in juvenile court, such jurisdiction continues until the case has been dismissed, or until the custody determination is transferred to another juvenile, circuit, chancery or general sessions court exercising domestic relations jurisdiction, or until a petition for adoption is filed regarding the child in question. A juvenile court retains jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law. However, this bill adds to the present law by providing that only the adoption court has jurisdiction to modify visitation or custody of the child while the adoption remains pending.
FOSTER PARENTS' RIGHTS
This bill provides that a foster parent has the right to engage an attorney for the purposes of consultation and advice. The foster parent may invite their attorney to any meeting at which the foster parent is permitted to be present as set out by the law relevant to juveniles. The foster parent may provide information regarding their circumstances to their attorney without committing a breach of confidentiality, although all confidentiality obligations must then extend to their attorney, as pertains to the identifying information of the foster child and family.
ON APRIL 16, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2644, AS AMENDED.
AMENDMENT #1 rewrites the bill as follows:
ABANDONMENT
(1) Establishes that for purposes of terminating the parental or guardian rights of a parent or parents or a guardian or guardians of a child to that child in order to make that child available for adoption, "abandonment" means that:
(A) If the child is four or more at the time of the filing of a petition for termination of parental rights, for a period of four consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child; and
(B) If the child is less than four at the time of the filing of a petition for termination of parental rights, for a period of three consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child;
(2) Establishes that if the original pleading is amended or supplemented to allege a new or additional period of abandonment occurring after an original pleading, then each period of abandonment constitutes and additional ground for termination of parental rights for the court's consideration. For supplemental petitions to terminate parental rights, the calculation of the applicable time periods for abandonment is calculated from the date a motion to supplement was filed;
ENTITIES AUTHORIZED TO PLACE CHILDREN FOR ADOPTION
(3) Requires a child-placing agency or attorney not licensed in this state to secure the services of a child-placing agency or attorney licensed in this state to provide adoption-related placement services to any expectant parent or child in this state;
ILLEGAL PAYMENTS IN CONNECTION WITH CHILD PLACEMENT
(4) Establishes that, while present law prohibits charging or receiving fees or any exchange of value from or on behalf of any person or persons legally adopting or accepting a child for adoption for rendering service in connection with placement of a child, the following payments by an interested person of reasonable charges or fees are not prohibited: (i) hospital or medical services for the birth of the child; (ii) medical care and other reasonable birth-related expenses for the mother or child; (iii) counseling fees for the parents or prospective adoptive parents or child; (iv) legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (v) actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and 90 days after the birth, surrender, or parental consent to the adoption of the child;
(5) Upon a motion filed by the prospective adoptive parents, authorizes a court with jurisdiction for the surrender or adoption of a child to specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in (4);
(6) Requires that the expenses be incurred directly in connection with (i) maternity, birth, or placement of the child for adoption; (ii) legal services or costs of legal proceedings directly related to the adoption of the child; or (iii) counseling, which may occur in person or by virtual means, for a period of up to two years for the parent who surrenders the child or consents to the adoption of the child;
(7) Establishes that reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents must execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made;
(8) Authorizes the payment for the expenses to only be for expenses or costs actually incurred during the periods permitted in subdivisions (4)-(6), above. This (8) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods;
SURRENDER OF CHILD
(9) Requires that the Tennessee surrender form include the language "The judge or other officiant has also advised me that I have the right to a lawyer," removing language in which the judge or officiant advises the person surrendering the child that they may still obtain a lawyer after the child is born, and the person may consult with the lawyer prior to and during any reaffirmation of the surrender the person chooses to make;
(10) Establishes that a surrender is valid only if a home study of prospective adoptive parents is available to and reviewed by a court, which must produce a report;
(11) Authorizes a surrender to be made at any time prior to birth; however, a surrender made prior to the birth of a child is not filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, unless the surrender was executed in accordance with state law regarding surrenders made in other states or territories in the United States. A surrender made prior to the birth of a child must be reaffirmed within three calendar days of the birth of the child, except for a surrender executed in another state or territory;
(12) Establishes that a surrender is not valid unless made after the earlier of discharge from a hospital or other birthing facility or 48 hours following the child's birth; however, the court may, for good cause shown, which is entered in an order in the minute book of the court, waive this waiting period;
(13) Establishes that a surrender is not valid if the surrendering party states a desire to receive legal or social counseling until the request is satisfied or withdrawn;
(14) Unless the surrender is made to the physical custodian or unless other exceptions under present law apply, a surrender is not sufficient to make a child available for adoption in any situation where another person or persons, the department, a licensed child-placing agency, or other child-caring agency in this state or any state, territory, or foreign country is exercising the right to physical custody of the child under a current court order at the time the surrender is sought to be executed, or when those persons or entities have any currently valid statutory authorization for custody of the child;
TERMINATION OF PARENTAL OR GUARDIANSHIP RIGHTS
(15) Authorizes the initiation of termination of parental or guardianship rights based upon any of the described in present law. The parental rights of a person who is not a legal parent at the time of the filing of a petition to terminate parental rights of such person, or if no such petition is filed, then at the time of the filing of a petition to adopt a child, is the putative father of the child, may also be terminated based upon any one or more of the following additional grounds: (i) the person has failed, without good cause or excuse, to make reasonable and consistent payments for the support of the child in accordance with the child support guidelines promulgated by the department; (ii) the person has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation; (iii) the person has failed to manifest an ability and willingness to assume legal and physical custody of the child; (iv) placing custody of the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child; or (v) the person has failed to file a petition to establish paternity of the child within 30 days after notice of alleged paternity, or after making a claim of paternity;
(16) Establishes that additional grounds for termination are that the court hearing the petition for termination of parental rights finds by clear and convincing evidence as follows:
(A) The father engaged in an act of unlawful sexual penetration against the child's mother by which the child was conceived and the father (i) used force or coercion to accomplish the act; (ii) accomplished the act without the consent of the mother of the child and the father knew or had reason to know at the time of penetration that the mother of the child did not consent; (iii) knew or had reason to know that the mother of the child was mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult; or (iv) accomplished the sexual penetration by fraud; or
(B) The father engaged in an act against the child's mother that resulted in (i) the child's conception; and (ii) the father's conviction for or plea of guilty to a criminal offense;
(17) Authorizes a termination of parental rights and a finalization of an adoption may be heard and decided in the same hearing if the court determines it is in the best interest of the child;
(18) Establishes that for the purposes of all grounds for termination of parental rights described in subsection (g), a person is presumed to have knowledge that sexual activity leads to pregnancy. An adult has an affirmative obligation to inquire whether their sexual activity has resulted in a pregnancy, and a minor has such obligation upon attaining eighteen 18 years of age regardless of when the sexual activity occurred. A lack of specific knowledge of a pregnancy or birth of a child does not serve as a defense to a ground for termination of parental rights if the person failed to inquire, or failed to attempt to inquire, whether the person's actions resulted in pregnancy or the birth of a child;
(19) Requires a parent or guardian who is incarcerated at the time the parent is served with a petition to terminate parental rights to receive notice of the following:
(A) A hearing will be held to determine whether the parent's rights will be terminated;
(B) If the parent files a timely, written answer within 30 days of service of the petition to terminate their parental rights, then (i) the parent must receive advance notice of the time and place of the hearing; (ii) the parent has the right to participate in the hearing and to contest the allegation that the parent's rights should be terminated. At the discretion of the court, such participation may be achieved through personal appearance, teleconference, telecommunication, or other means deemed by the court to be appropriate under the circumstances; (iii) the parent may claim to be indigent and offer evidence of their financial circumstances and, if the court finds the parent to be indigent, the parent must be provided with a court-appointed attorney to assist the parent in contesting the termination of parental rights; (iv) the parent has the right to offer testimony and other evidence at the hearing by all means permitted by the Tennessee Rules of Civil Procedure; and (v) the parent has the continuing responsibility to update the court and petitioner's counsel with the parent's current contact information and mailing address promptly upon the parent's release from incarceration and upon any subsequent changes; and
(C) Authorizes the rights specified in (19)(B) to be voluntarily waived by the parent's written or verbal statement or, if the court determines that the parent has waived the rights, by the parent's action or inaction, including the failure to timely claim indigency or file an answer to the petition to terminate parental rights. If the court determines that the rights specified in (19)(B) have been waived, then the court may hear and decide the petition without the parent's or guardian's participation;
(20) If a parent or guardian was served with constructive notice and the petitioner did not know that the parent was incarcerated despite reasonable efforts to locate the parent, establishes that the absence of this notice to the parent or guardian is not a basis to set aside the termination of parental rights or adoption;
INTERVENING ADOPTION PETITION
(21) Requires an intervening petition for adoption to be decided upon the premise of permissive intervention pursuant to the Tennessee Rules of Civil Procedure. All requirements for prospective adoptive parents and the filing requirements of the petition under any provision of state law relative to adoption must be met, except for the requirement of having physical custody or the right to receive physical custody at the time of filing;
PARTIES TO PROCEEDINGS
(22) Establishes that only a legal parent, guardian, or putative father of the child is a necessary party to the adoption proceeding or to a separate proceeding seeking termination of those rights prior to the entry of an order of adoption, and those rights must be terminated prior to the entry of an order of adoption. If a person has surrendered parental or guardianship rights to the child, executed a parental consent, waived the person's right, or the person's rights have been terminated by court order, then the person is not a necessary party;
TERMINATION OF RIGHTS OF PUTATIVE FATHER
(23) Removes from present law the requirement 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 meets any of the following criteria 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:
(A) 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;
(B) The biological father has claimed to the child's biological mother, or the petitioners or their attorney, or to the department, a licensed child-placing agency, or a licensed clinical social worker who 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 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. 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 is subject to all requirements for waiver of notice provisions of the law relevant to the putative father registry and to all requirements for filing a paternity petition;
(C) The biological father has openly lived with the child and has held himself out as the father of the child. However, 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 the 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
(D) The biological father has entered a permanency plan under the law relevant to foster care, or under similar provisions of any other state or territory in which the biological father acknowledges paternity of the child;
CONSENT OF THE CHILD
(24) When the child who is the subject of the adoption is 14 years of age or older at any time before the granting of the petition, requires the adoption court to receive the sworn, written consent of such child to the adoption, which must be filed with the record, and the consent of such minor must be recited in the order of adoption. The court must receive the consent and testimony from the child in chambers, if requested by the child;
ADOPTION OF AN ADULT
(25) Unless the person to be adopted has been adjudicated incompetent, or is over 18 and provides sworn, written consent to adoption, establishes that an order of reference, social investigation, report to the court by a licensed child-placing agency or licensed clinical social work or the department, putative father registry check in this state or any other state, or a waiting period are not required;
SERVICE OF PROCESS
(26) Requires that service of process for adoption and termination proceedings in chancery and circuit courts and for proceedings to terminate parental rights in juvenile courts be made pursuant to the Tennessee Rules of Civil Procedure and state law governing substituted service;
FINAL ORDER OF ADOPTION
(27) Upon entry of the final order of adoption by the court, requires the clerk of the court to simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption;
CONTESTED TERMINATION
(28) In all cases where the termination of parental rights or adoption of a child is contested by any person or agency, requires the trial court to, consistent with due process, expedite the contested termination or adoption proceeding by setting a scheduling conference within 30 days of the filing of a response or answer to a petition for termination of parental rights or adoption and entering such scheduling orders as are necessary to ensure that the case is not delayed. The court must give the case priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than child protective services cases;
(29) Prohibits a notice of appeal in a termination of parental rights action from being filed by an attorney who is not specifically authorized by the appellant to file a notice of appeal on the appellant's behalf;
JUVENILE COURT AND PROCEEDINGS
(30) Establishes that jurisdiction continues until the juvenile court case has been dismissed, or until the custody determination is transferred to another juvenile, circuit, chancery, or general sessions court exercising domestic relations jurisdiction, or until a petition for adoption is filed regarding the child in question. A juvenile court retains jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law; however, only the adoption court has jurisdiction to modify visitation or custody of the child while the adoption remains pending. This (28) does not establish concurrent jurisdiction for any other court to hear juvenile cases, but permits courts exercising domestic relations jurisdiction to make custody determinations in accordance with state law relative to juveniles; and
FOSTER PARENTS' RIGHTS
(31) Establishes that a foster parent has the right to engage an attorney for the purposes of consultation and advice. The foster parent may invite their attorney to any meeting at which the foster parent is permitted to be present. The foster parent may provide information regarding their circumstances to their attorney without committing a breach of confidentiality, although all confidentiality obligations must then extend to their attorney, as pertains to the identifying information of the foster child and family.
