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General Assembly
Raised Bill No. 125
February Session, 2024
LCO No. 466
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING THE RECOMMENDATIONS OF THE
DEPARTMENT OF CHILDREN AND FAMILIES RELATIVE TO
IDENTIFIED ADOPTIONS AND REVISIONS TO CERTAIN
TERMINOLOGY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 45a-728 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2024): 2
The Commissioner of Children and Families shall adopt regulations 3
in accordance with chapter 54 concerning [adoption] adoptive 4
placement of children [who have been identified or located] by child-5
placing agencies, whether such children have been identified or located 6
by prospective adoptive parents or placed for adoption by such 7
agencies. Such regulations shall provide that for adoptions involving an 8
identified [expectant mother] pregnant person, counseling of [the birth 9
mother] such person shall be required [within] not later than seventy-10
two hours [of] after the birth of the child, or as soon as medically 11
possible after [the] such birth. [, and that permissible payment of 12
expenses for birth parent counseling shall include the cost of 13 Bill No. 125
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transportation.] Such counseling may be provided by a person with a 14
master's or doctoral degree in counseling, psychology, social work or 15
related mental health disciplines from an accredited college or 16
university. 17
Sec. 2. Section 45a-728a of the general statutes is repealed and the 18
following is substituted in lieu thereof (Effective July 1, 2024): 19
Prospective adoptive parents may participate in the labor and birth 20
of the child identified for adoption and may visit with such newborn 21
child, provided the [birth mother] pregnant person, the child-placing 22
agency and [her] the pregnant person's physician agree and such 23
participation and visitation are consistent with the medically necessary 24
procedures of the hospital. 25
Sec. 3. Section 45a-728b of the general statutes is repealed and the 26
following is substituted in lieu thereof (Effective July 1, 2024): 27
Any licensed hospital discharging a newborn infant identified for 28
adoption to a child-placing agency shall arrange for the physical transfer 29
of custody of such infant to take place in a safe, secure and private room 30
on the hospital premises. The prospective adoptive parent or parents 31
may be present at the discharge with the approval of the child-placing 32
agency. At the time of discharge, the hospital shall provide such 33
prospective adoptive parent or parents or child-placing agency with any 34
nonidentifying information customarily provided to [birth] any alleged 35
genetic parents upon discharge concerning the care, feeding and health 36
of the infant. The hospital shall provide the child-placing agency with 37
the medical information concerning the [birth mother] person who gave 38
birth and the infant within a reasonable time. Such prospective adoptive 39
parent or parents shall be permitted to participate in any program of 40
instruction regarding infant care and child development that is made 41
available by such licensed hospital to [birth] any alleged genetic parents, 42
provided such prospective adoptive parent or parents pay the cost of 43
such participation in such program. 44 Bill No. 125
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Sec. 4. Section 45a-728c of the general statutes is repealed and the 45
following is substituted in lieu thereof (Effective July 1, 2024): 46
(a) With respect to [adoption] adoptive placement of [children who 47
have been] a child identified or located by a prospective adoptive parent 48
or parents, payment [for the living expenses of the birth mother by the 49
prospective adoptive parents shall be permitted in an amount not to 50
exceed one thousand five hundred dollars or such amount as may be 51
approved in unusual circumstances by the probate court for the district 52
where the child-placing agency is located or where the prospective 53
adoptive parents reside. In addition to the payment of living expenses, 54
payment by the prospective adoptive parents of reasonable telephone 55
and maternity clothing expenses of the birth mother shall be permitted.] 56
or reimbursement by such adoptive parent or parents to the person 57
giving birth to such child for reasonable expenses, fees and services 58
relating to the pregnancy or adoption, including, but not limited to, 59
living, medical or legal expenses, as determined by the child-placing 60
agency, shall be permitted. Any such payments or reimbursements shall 61
be made not earlier than one hundred eighty days prior to the expected 62
date of birth of such child and not later than sixty days after such birth. 63
Any such payments or reimbursements are subject to approval by the 64
Probate Court in which an application and agreement for adoption 65
pursuant to section 45a-727 has been or will be filed. 66
(b) Except as provided in subsection (c) of this section, payments or 67
reimbursements provided by a prospective adoptive parent or parents 68
in accordance with subsection (a) of this section shall not obligate any 69
alleged genetic parent or parents to place such child for adoption. If such 70
alleged genetic parent or parents do not place such child for adoption 71
after such child's birth, the prospective adoptive parent or parents who 72
provided such payments or reimbursements shall have no right to 73
reimbursement for such payments or reimbursements. 74
(c) A prospective adoptive parent or parents may seek 75
reimbursement for payments or reimbursements provided in 76
accordance with subsection (a) of this section if (1) the person who 77 Bill No. 125
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received such payments or reimbursements was knowingly not 78
pregnant at the time of the receipt of such payments or reimbursements, 79
or (2) such person received payments or reimbursements 80
simultaneously from a separate prospective adoptive parent or parents 81
without the knowledge of such other prospective adoptive parent or 82
parents. 83
(d) Except as provided in subsection (e) of this section, prior to the 84
provision of payment or reimbursement in accordance with subsection 85
(a) of this section, the prospective adoptive parent or parents providing 86
such payment or reimbursement shall file, with the Probate Court in 87
which an application and agreement for adoption pursuant to section 88
45a-727 has been or will be filed, a sworn affidavit containing a list of all 89
expenses, fees and services that such parent or parents intend to pay or 90
for which such parent or parents intend to reimburse. The Probate Court 91
shall, ex parte and without prior notice, approve reasonable payments 92
and reimbursements for such expenses, fees and services. If the Probate 93
Court determines that a payment or reimbursement is unreasonable, the 94
Probate Court shall schedule a hearing on such affidavit to occur not 95
later than thirty days after such affidavit is filed. Not later than thirty 96
days after such hearing, the court shall issue an order approving or 97
disapproving each payment or reimbursement based on specific 98
findings of fact. 99
(e) A prospective adoptive parent or parents may make payments or 100
reimbursements, in accordance with subsection (a) of this section, of not 101
more than two thousand dollars total, without filing a sworn affidavit 102
in accordance with subsection (d) of this section, provided the child-103
placing agency determines (1) there is a demonstrated need for such 104
payments or reimbursements to protect the health or well-being of the 105
pregnant person or child, and (2) such payments or reimbursements are 106
reasonable. 107
Sec. 5. Section 45a-728d of the general statutes is repealed and the 108
following is substituted in lieu thereof (Effective July 1, 2024): 109 Bill No. 125
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Any [birth] alleged genetic parent, or such parent's legal 110
representative, may advertise through any public media [in this state] 111
for the placement of [his or her] such alleged genetic parent's child for 112
the purposes of identified adoption or adoption through a child-placing 113
agency. Any prospective adoptive parent, or such prospective adoptive 114
parent's legal representative, may advertise through any public media 115
[in this state] for placement of a child into [his or her] such prospective 116
adoptive parent's care for the purposes of identified adoption or 117
adoption through a child-placing agency. 118
Sec. 6. Section 45a-763 of the general statutes is repealed and the 119
following is substituted in lieu thereof (Effective July 1, 2024): 120
(a) An Adoption Review Board is established, to consist of the 121
Commissioner of Children and Families or [his] the commissioner's 122
designee, the Probate Court Administrator or [his] the administrator's 123
designee, and [an officer] a representative of a child-placing agency 124
which is located in the state and licensed by the Commissioner of 125
Children and Families, who shall be appointed by the Governor to serve 126
for a term of four years from the date of [his] such appointment. 127
(b) Each designee or [officer] representative shall be a person who is 128
familiar with and experienced in adoption procedures, policies and 129
practices. 130
(c) The members of the board shall select a [chairman] chairperson 131
from among their membership who shall serve for a term of two years 132
from his election or until his successor is elected. 133
(d) The members of the board shall receive no compensation for their 134
services as such. 135
Sec. 7. Section 17a-102a of the general statutes is repealed and the 136
following is substituted in lieu thereof (Effective July 1, 2024): 137
(a) Each birthing hospital shall provide education and training for 138
nurses and other staff who care for high-risk newborns on the roles and 139 Bill No. 125
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responsibilities of such nurses and other staff as mandated reporters of 140
potential child abuse and neglect under section 17a-101. 141
(b) The Department of Children and Families shall coordinate with 142
each birthing hospital in the state to disseminate information regarding 143
(1) procedures for the principal providers of daily direct care of high-144
risk newborns in birthing hospitals to participate in the discharge 145
planning process, and (2) ongoing department functions concerning 146
high-risk newborns. 147
(c) Not later than January 1, [2019] 2025, the Commissioner of 148
Children and Families shall, in consultation with other departments, 149
agencies or entities concerned with the health and well-being of 150
children, develop guidelines for the safe care of newborns who exhibit 151
physical, neurological or behavioral symptoms consistent with prenatal 152
substance exposure, withdrawal symptoms from prenatal substance 153
exposure or fetal alcohol spectrum disorder. Such guidelines shall 154
include, but are not limited to, instructions to providers regarding such 155
providers' participation in the discharge planning process, including the 156
creation of written [plans of safe care] family care plans, which shall be 157
developed between such providers and [mothers] birth parents of such 158
newborns as part of such process. 159
(d) A provider involved in the delivery or care of a newborn who, in 160
the estimation of such provider, exhibits physical, neurological or 161
behavioral symptoms consistent with prenatal substance exposure, 162
withdrawal symptoms from prenatal substance exposure or fetal 163
alcohol spectrum disorder shall notify the Department of Children and 164
Families of such condition in such newborn. Such notice shall be made 165
in a form and manner prescribed by the Commissioner of Children and 166
Families and in addition to any applicable reporting requirements 167
pursuant to chapter 319a. [On and after January 15, 2019, such] Such 168
notice shall include a copy of the [plan of safe care] family care plan 169
created pursuant to the guidelines developed pursuant to subsection (c) 170
of this section. 171 Bill No. 125
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(e) For purposes of this section: 172
(1) "Birthing hospital" means a health care facility, as defined in 173
section 19a-630, operated and maintained in whole or in part for the 174
purpose of caring for [women] pregnant parents during delivery of a 175
child and for [women] postpartum parents and their newborns 176
following birth; 177
(2) "High-risk newborn" means any newborn identified as such under 178
any regulation or policy of the Department of Children and Families; 179
and 180
(3) "Provider" means any person licensed pursuant to chapter 370, 377 181
or 378. 182
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 45a-728
Sec. 2 July 1, 2024 45a-728a
Sec. 3 July 1, 2024 45a-728b
Sec. 4 July 1, 2024 45a-728c
Sec. 5 July 1, 2024 45a-728d
Sec. 6 July 1, 2024 45a-763
Sec. 7 July 1, 2024 17a-102a
KID Joint Favorable