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Connecticut Senate Bill SB01009

Connecticut 2023 Regular Session

Connecticut Senate Bill SB01009 Compare Versions

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77 General Assembly Substitute Bill No. 1009
88 January Session, 2023
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1414 AN ACT CONCERNING IDENTIFIED ADOPTIONS.
1515 Be it enacted by the Senate and House of Representatives in General
1616 Assembly convened:
1717
1818 Section 1. Section 45a-728 of the general statutes is repealed and the 1
1919 following is substituted in lieu thereof (Effective July 1, 2023): 2
2020 The Commissioner of Children and Families shall adopt regulations 3
2121 in accordance with chapter 54 concerning [adoption] adoptive 4
2222 placement of children [who have been identified or located] by child-5
23-placing agencies, whether such children have been identified or located 6
24-by prospective adoptive parents or placed for adoption by such 7
25-agencies. Such regulations shall provide that for adoptions involving an 8
26-identified [expectant mother] pregnant person, counseling of [the birth 9
27-mother] such person shall be required [within] not later than seventy-10
28-two hours [of] after the birth of the child, or as soon as medically 11
29-possible after [the] such birth. [, and that permissible payment of 12
30-expenses for birth parent counseling shall include the cost of 13
31-transportation.] Such counseling may be provided by a person with a 14
32-master's or doctoral degree in counseling, psychology, social work or 15
23+placing agencies, whether such children have been identified or 6
24+located by prospective adoptive parents or placed for adoption by such 7
25+agencies. Such regulations shall provide that for adoptions involving 8
26+an identified [expectant mother] pregnant person, counseling of [the 9
27+birth mother] such person shall be required [within] not later than 10
28+seventy-two hours [of] after the birth of the child, or as soon as 11
29+medically possible after [the] such birth. [, and that permissible 12
30+payment of expenses for birth parent counseling shall include the cost 13
31+of transportation.] Such counseling may be provided by a person with 14
32+a master's or doctoral degree in counseling, psychology, social work or 15
3333 related mental health disciplines from an accredited college or 16
3434 university. 17
35-Sec. 2. Section 45a-728a of the general statutes is repealed and the 18 Substitute Bill No. 1009
35+Sec. 2. Section 45a-728a of the general statutes is repealed and the 18
36+following is substituted in lieu thereof (Effective July 1, 2023): 19 Substitute Bill No. 1009
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42-following is substituted in lieu thereof (Effective July 1, 2023): 19
4343 Prospective adoptive parents may participate in the labor and birth 20
4444 of the child identified for adoption and may visit with such newborn 21
4545 child, provided the [birth mother] pregnant person, the child-placing 22
4646 agency and [her] the pregnant person's physician agree and such 23
4747 participation and visitation are consistent with the medically necessary 24
4848 procedures of the hospital. 25
4949 Sec. 3. Section 45a-728b of the general statutes is repealed and the 26
5050 following is substituted in lieu thereof (Effective July 1, 2023): 27
5151 Any licensed hospital discharging a newborn infant identified for 28
52-adoption to a child-placing agency shall arrange for the physical transfer 29
53-of custody of such infant to take place in a safe, secure and private room 30
54-on the hospital premises. The prospective adoptive parent or parents 31
55-may be present at the discharge with the approval of the child-placing 32
56-agency. At the time of discharge, the hospital shall provide such 33
57-prospective adoptive parent or parents or child-placing agency with any 34
58-nonidentifying information customarily provided to [birth] any alleged 35
59-genetic parents upon discharge concerning the care, feeding and health 36
60-of the infant. The hospital shall provide the child-placing agency with 37
61-the medical information concerning the [birth mother] person who gave 38
62-birth and the infant within a reasonable time. Such prospective adoptive 39
63-parent or parents shall be permitted to participate in any program of 40
64-instruction regarding infant care and child development that is made 41
65-available by such licensed hospital to [birth] any alleged genetic parents, 42
66-provided such prospective adoptive parent or parents pay the cost of 43
67-such participation in such program. 44
68-Sec. 4. Section 45a-728c of the general statutes is repealed and the 45
69-following is substituted in lieu thereof (Effective July 1, 2023): 46
70-(a) With respect to [adoption] adoptive placement of [children who 47
71-have been] a child identified or located by a prospective adoptive parent 48
72-or parents, payment [for the living expenses of the birth mother by the 49 Substitute Bill No. 1009
52+adoption to a child-placing agency shall arrange for the physical 29
53+transfer of custody of such infant to take place in a safe, secure and 30
54+private room on the hospital premises. The prospective adoptive 31
55+parent or parents may be present at the discharge with the approval of 32
56+the child-placing agency. At the time of discharge, the hospital shall 33
57+provide such prospective adoptive parent or parents or child-placing 34
58+agency with any nonidentifying information customarily provided to 35
59+[birth] any alleged genetic parents upon discharge concerning the care, 36
60+feeding and health of the infant. The hospital shall provide the child-37
61+placing agency with the medical information concerning the [birth 38
62+mother] person who gave birth and the infant within a reasonable 39
63+time. Such prospective adoptive parent or parents shall be permitted to 40
64+participate in any program of instruction regarding infant care and 41
65+child development that is made available by such licensed hospital to 42
66+[birth] any alleged genetic parents, provided such prospective 43
67+adoptive parent or parents pay the cost of such participation in such 44
68+program. 45
69+Sec. 4. Section 45a-728c of the general statutes is repealed and the 46
70+following is substituted in lieu thereof (Effective July 1, 2023): 47
71+(a) With respect to [adoption] adoptive placement of [children who 48
72+have been] a child identified or located by a prospective adoptive 49
73+parent or parents, payment [for the living expenses of the birth mother 50
74+by the prospective adoptive parents shall be permitted in an amount 51 Substitute Bill No. 1009
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79-prospective adoptive parents shall be permitted in an amount not to 50
80-exceed one thousand five hundred dollars or such amount as may be 51
81-approved in unusual circumstances by the probate court for the district 52
82-where the child-placing agency is located or where the prospective 53
83-adoptive parents reside. In addition to the payment of living expenses, 54
84-payment by the prospective adoptive parents of reasonable telephone 55
85-and maternity clothing expenses of the birth mother shall be permitted.] 56
86-or reimbursement by such adoptive parent or parents to the person 57
87-giving birth for reasonable expenses, fees and services relating to the 58
88-pregnancy or adoption, including, but not limited to, living, medical or 59
89-legal expenses, as determined by the child-placing agency, shall be 60
90-permitted. Any such payments or reimbursements shall be made not 61
91-earlier than one hundred eighty days prior to the expected date of birth 62
92-of such child and not later than sixty days after the birth of such child. 63
93-Any such payments or reimbursements are subject to approval by the 64
94-Probate Court in which an application and agreement for adoption 65
95-pursuant to section 45a-727 has been or will be filed. 66
96-(b) Except as provided in subsection (c) of this section, payments or 67
97-reimbursements provided by a prospective adoptive parent or parents 68
98-in accordance with subsection (a) of this section shall not obligate any 69
99-alleged genetic parent or parents to place such child for adoption. If such 70
100-alleged genetic parent or parents do not place such child for adoption 71
101-after such child's birth, the prospective adoptive parent or parents who 72
102-provided such payments or reimbursements shall have no right to 73
103-reimbursement for such payments or reimbursements. 74
104-(c) A prospective adoptive parent or parents may seek 75
105-reimbursement for payments or reimbursements provided in 76
106-accordance with subsection (a) of this section if (1) the person who 77
107-received such payments or reimbursements was knowingly n ot 78
108-pregnant at the time of the receipt of such payments or reimbursements, 79
109-or (2) such person received payments or reimbursements 80
110-simultaneously from a separate prospective adoptive parent or parents 81
111-without the knowledge of such other prospective adoptive parent or 82 Substitute Bill No. 1009
81+not to exceed one thousand five hundred dollars or such amount as 52
82+may be approved in unusual circumstances by the probate court for 53
83+the district where the child-placing agency is located or where the 54
84+prospective adoptive parents reside. In addition to the payment of 55
85+living expenses, payment by the prospective adoptive parents of 56
86+reasonable telephone and maternity clothing expenses of the birth 57
87+mother shall be permitted.] or reimbursement by such adoptive parent 58
88+or parents to the person giving birth for reasonable expenses, fees and 59
89+services relating to the pregnancy or adoption, including, but not 60
90+limited to, living, medical or legal expenses, as determined by the 61
91+child-placing agency, shall be permitted. Any such payments or 62
92+reimbursements shall be made not earlier than one hundred eighty 63
93+days prior to the expected date of birth of such child and not later than 64
94+sixty days after the birth of such child. Any such payments or 65
95+reimbursements are subject to approval by the Probate Court in which 66
96+an application and agreement for adoption pursuant to section 45a-727 67
97+has been or will be filed. 68
98+(b) Except as provided in subsection (c) of this section, payments or 69
99+reimbursements provided by a prospective adoptive parent or parents 70
100+in accordance with subsection (a) of this section shall not obligate any 71
101+alleged genetic parent or parents to place such child for adoption. If 72
102+such alleged genetic parent or parents do not place such child for 73
103+adoption after such child's birth, the prospective adoptive parent or 74
104+parents who provided such payments or reimbursements shall have no 75
105+right to reimbursement for such payments or reimbursements. 76
106+(c) A prospective adoptive parent or parents may seek 77
107+reimbursement for payments or reimbursements provided in 78
108+accordance with subsection (a) of this section if (1) the person who 79
109+received such payments or reimbursements was knowingly n ot 80
110+pregnant at the time of the receipt of such payments or 81
111+reimbursements, or (2) such person received payments or 82
112+reimbursements simultaneously from a separate prospective adoptive 83
113+parent or parents without the knowledge of such other prospective 84 Substitute Bill No. 1009
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118-parents. 83
119-(d) Except as provided in subsection (e) of this section, prior to the 84
120-provision of payment or reimbursement in accordance with subsection 85
121-(a) of this section, the prospective adoptive parent or parents providing 86
122-such payment or reimbursement shall file with the Probate Court in 87
123-which an application and agreement for adoption pursuant to section 88
124-45a-727 has been or will be filed, a sworn affidavit containing a list of all 89
125-expenses, fees and services that such parent or parents intend to pay or 90
126-for which such parent or parents intend to reimburse. The Probate Court 91
127-shall, ex parte and without prior notice, approve reasonable payments 92
128-and reimbursements for such expenses, fees and services. If the Probate 93
129-Court determines that a payment or reimbursement is unreasonable, the 94
130-Probate Court shall schedule a hearing on such affidavit to occur not 95
131-later than thirty days after such affidavit is filed. Not later than thirty 96
132-days after such hearing, the court shall issue an order approving or 97
133-disapproving each payment or reimbursement based on specific 98
134-findings of fact. 99
135-(e) A prospective adoptive parent or parents may make payments or 100
136-reimbursements, in accordance with subsection (a) of this section, of not 101
137-more than two thousand dollars total, without filing a sworn affidavit 102
138-in accordance with subsection (d) of this section, provided the child-103
139-placing agency determines (1) there is a demonstrated need for such 104
140-payments or reimbursements to protect the health or well-being of the 105
141-pregnant person or child, and (2) such payments or reimbursements are 106
142-reasonable. 107
143-Sec. 5. Section 45a-728d of the general statutes is repealed and the 108
144-following is substituted in lieu thereof (Effective July 1, 2023): 109
145-Any [birth] alleged genetic parent, or such parent's legal 110
146-representative, may advertise through any public media [in this state] 111
147-for the placement of [his or her] such parent's child for the purposes of 112
148-identified adoption or adoption through a child-placing agency. Any 113
149-prospective adoptive parent, or such prospective adoptive parent's legal 114 Substitute Bill No. 1009
120+adoptive parent or parents. 85
121+(d) Except as provided in subsection (e) of this section, prior to the 86
122+provision of payment or reimbursement in accordance with subsection 87
123+(a) of this section, the prospective adoptive parent or parents 88
124+providing such payment or reimbursement shall file with the Probate 89
125+Court in which an application and agreement for adoption pursuant to 90
126+section 45a-727 has been or will be filed, a sworn affidavit containing a 91
127+list of all expenses, fees and services that such parent or parents intend 92
128+to pay or for which such parent or parents intend to reimburse. The 93
129+Probate Court shall, ex parte and without prior notice, approve 94
130+reasonable payments and reimbursements for such expenses, fees and 95
131+services. If the Probate Court determines that a payment or 96
132+reimbursement is unreasonable, the Probate Court shall schedule a 97
133+hearing on such affidavit to occur not later than thirty days after such 98
134+affidavit is filed. Not later than thirty days after such hearing, the court 99
135+shall issue an order approving or disapproving each payment or 100
136+reimbursement based on specific findings of fact. 101
137+(e) A prospective adoptive parent or parents may make payments or 102
138+reimbursements, in accordance with subsection (a) of this section, of 103
139+not more than two thousand dollars total, without filing a sworn 104
140+affidavit in accordance with subsection (d) of this section, provided the 105
141+child-placing agency determines (1) there is a demonstrated need for 106
142+such payments or reimbursements to protect the health or well-being 107
143+of the pregnant person or child, and (2) such payments or 108
144+reimbursements are reasonable. 109
145+Sec. 5. Section 45a-728d of the general statutes is repealed and the 110
146+following is substituted in lieu thereof (Effective July 1, 2023): 111
147+Any [birth] alleged genetic parent, or such parent's legal 112
148+representative, may advertise through any public media [in this state] 113
149+for the placement of [his or her] such parent's child for the purposes of 114
150+identified adoption or adoption through a child-placing agency. Any 115
151+prospective adoptive parent, or such prospective adoptive parent's 116 Substitute Bill No. 1009
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156-representative, may advertise through any public media [in this state] 115
157-for placement of a child into his or her care for the purposes of identified 116
158-adoption or adoption through a child-placing agency. 117
159-Sec. 6. Subsection (a) of section 45a-763 of the general statutes is 118
160-repealed and the following is substituted in lieu thereof (Effective July 1, 119
161-2023): 120
162-(a) An Adoption Review Board is established, to consist of the 121
163-Commissioner of Children and Families or [his] the commissioner's 122
164-designee, the Probate Court Administrator or [his] the administrator's 123
165-designee, and [an officer] a representative of a child-placing agency 124
166-which is located in the state and licensed by the Commissioner of 125
167-Children and Families, who shall be appointed by the Governor to serve 126
168-for a term of four years from the date of [his] such appointment. 127
158+legal representative, may advertise through any public media [in this 117
159+state] for placement of a child into his or her care for the purposes of 118
160+identified adoption or adoption through a child-placing agency. 119
161+Sec. 6. Subsection (a) of section 45a-763 of the general statutes is 120
162+repealed and the following is substituted in lieu thereof (Effective July 121
163+1, 2023): 122
164+(a) An Adoption Review Board is established, to consist of the 123
165+Commissioner of Children and Families or [his] the commissioner's 124
166+designee, the Probate Court Administrator or [his] the administrator's 125
167+designee, and [an officer] a representative of a child-placing agency 126
168+which is located in the state and licensed by the Commissioner of 127
169+Children and Families, who shall be appointed by the Governor to 128
170+serve for a term of four years from the date of [his] such appointment. 129
169171 This act shall take effect as follows and shall amend the following
170172 sections:
171173
172174 Section 1 July 1, 2023 45a-728
173175 Sec. 2 July 1, 2023 45a-728a
174176 Sec. 3 July 1, 2023 45a-728b
175177 Sec. 4 July 1, 2023 45a-728c
176178 Sec. 5 July 1, 2023 45a-728d
177179 Sec. 6 July 1, 2023 45a-763(a)
178180
181+Statement of Legislative Commissioners:
182+In Section 1, "within seventy-two hours of birth" was changed to
183+"[within] not later than seventy-two hours [of] after the birth" for
184+consistency with standard drafting conventions, Section 4(a), "has or
185+will be" was changed to "has been or will be" for clarity, Section 4(c),
186+"from separate prospective adoptive parents without the knowledge of
187+the other prospective adoptive parents" was changed to "from a
188+separate adoptive parent or parents without the knowledge of such
189+other prospective adoptive parent or parents" for clarity, and in Section
190+4(d), "has or will be filed, a sworn affidavit containing all expenses,
191+fees and services such parent or parents intend to pay or reimburse
192+for" was changed to "has been or will be filed, a sworn affidavit
193+containing a list of all expenses, fees and services that such parent or Substitute Bill No. 1009
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200+parents intend to pay for or for which such parent or parents intend to
201+reimburse" for clarity.
179202
180203 KID Joint Favorable Subst.
181-JUD Joint Favorable
182204