Connecticut 2024 Regular Session

Connecticut Senate Bill SB00125 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly
8		-
9	7		Raised Bill No. 125
10	8		February Session, 2024
11	9		LCO No. 466
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13	11
14	12		Referred to Committee on COMMITTEE ON CHILDREN
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16	14
17	15		Introduced by:
18	16		(KID)
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22	21		AN ACT CONCERNING THE RECOMMENDATIONS OF THE
23	22		DEPARTMENT OF CHILDREN AND FAMILIES RELATIVE TO
24	23		IDENTIFIED ADOPTIONS AND REVISIONS TO CERTAIN
25	24		TERMINOLOGY.
26	25		Be it enacted by the Senate and House of Representatives in General
27	26		Assembly convened:
28	27
29	28		Section 1. Section 45a-728 of the general statutes is repealed and the 1
30	29		following is substituted in lieu thereof (Effective July 1, 2024): 2
31	30		The Commissioner of Children and Families shall adopt regulations 3
32	31		in accordance with chapter 54 concerning [adoption] adoptive 4
33	32		placement of children [who have been identified or located] by child-5
34	33		placing agencies, whether such children have been identified or located 6
35	34		by prospective adoptive parents or placed for adoption by such 7
36	35		agencies. Such regulations shall provide that for adoptions involving an 8
37	36		identified [expectant mother] pregnant person, counseling of [the birth 9
38	37		mother] such person shall be required [within] not later than seventy-10
39	38		two hours [of] after the birth of the child, or as soon as medically 11
40	39		possible after [the] such birth. [, and that permissible payment of 12
41		-	expenses for birth parent counseling shall include the cost of 13 Bill No. 125
	40	+	expenses for birth parent counseling shall include the cost of 13 Raised Bill No. 125
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47	45
48	46		transportation.] Such counseling may be provided by a person with a 14
49	47		master's or doctoral degree in counseling, psychology, social work or 15
50	48		related mental health disciplines from an accredited college or 16
51	49		university. 17
52	50		Sec. 2. Section 45a-728a of the general statutes is repealed and the 18
53	51		following is substituted in lieu thereof (Effective July 1, 2024): 19
54	52		Prospective adoptive parents may participate in the labor and birth 20
55	53		of the child identified for adoption and may visit with such newborn 21
56	54		child, provided the [birth mother] pregnant person, the child-placing 22
57	55		agency and [her] the pregnant person's physician agree and such 23
58	56		participation and visitation are consistent with the medically necessary 24
59	57		procedures of the hospital. 25
60	58		Sec. 3. Section 45a-728b of the general statutes is repealed and the 26
61	59		following is substituted in lieu thereof (Effective July 1, 2024): 27
62	60		Any licensed hospital discharging a newborn infant identified for 28
63	61		adoption to a child-placing agency shall arrange for the physical transfer 29
64	62		of custody of such infant to take place in a safe, secure and private room 30
65	63		on the hospital premises. The prospective adoptive parent or parents 31
66	64		may be present at the discharge with the approval of the child-placing 32
67	65		agency. At the time of discharge, the hospital shall provide such 33
68	66		prospective adoptive parent or parents or child-placing agency with any 34
69	67		nonidentifying information customarily provided to [birth] any alleged 35
70	68		genetic parents upon discharge concerning the care, feeding and health 36
71	69		of the infant. The hospital shall provide the child-placing agency with 37
72	70		the medical information concerning the [birth mother] person who gave 38
73	71		birth and the infant within a reasonable time. Such prospective adoptive 39
74	72		parent or parents shall be permitted to participate in any program of 40
75	73		instruction regarding infant care and child development that is made 41
76	74		available by such licensed hospital to [birth] any alleged genetic parents, 42
77	75		provided such prospective adoptive parent or parents pay the cost of 43
78		-	such participation in such program. 44 Bill No. 125
	76	+	such participation in such program. 44
	77	+	Sec. 4. Section 45a-728c of the general statutes is repealed and the 45 Raised Bill No. 125
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85		-	Sec. 4. Section 45a-728c of the general statutes is repealed and the 45
	81	+	LCO No. 466 3 of 7
	82	+
86	83		following is substituted in lieu thereof (Effective July 1, 2024): 46
87	84		(a) With respect to [adoption] adoptive placement of [children who 47
88	85		have been] a child identified or located by a prospective adoptive parent 48
89	86		or parents, payment [for the living expenses of the birth mother by the 49
90	87		prospective adoptive parents shall be permitted in an amount not to 50
91	88		exceed one thousand five hundred dollars or such amount as may be 51
92	89		approved in unusual circumstances by the probate court for the district 52
93	90		where the child-placing agency is located or where the prospective 53
94	91		adoptive parents reside. In addition to the payment of living expenses, 54
95	92		payment by the prospective adoptive parents of reasonable telephone 55
96	93		and maternity clothing expenses of the birth mother shall be permitted.] 56
97	94		or reimbursement by such adoptive parent or parents to the person 57
98	95		giving birth to such child for reasonable expenses, fees and services 58
99	96		relating to the pregnancy or adoption, including, but not limited to, 59
100	97		living, medical or legal expenses, as determined by the child-placing 60
101	98		agency, shall be permitted. Any such payments or reimbursements shall 61
102	99		be made not earlier than one hundred eighty days prior to the expected 62
103	100		date of birth of such child and not later than sixty days after such birth. 63
104	101		Any such payments or reimbursements are subject to approval by the 64
105	102		Probate Court in which an application and agreement for adoption 65
106	103		pursuant to section 45a-727 has been or will be filed. 66
107	104		(b) Except as provided in subsection (c) of this section, payments or 67
108	105		reimbursements provided by a prospective adoptive parent or parents 68
109	106		in accordance with subsection (a) of this section shall not obligate any 69
110	107		alleged genetic parent or parents to place such child for adoption. If such 70
111	108		alleged genetic parent or parents do not place such child for adoption 71
112	109		after such child's birth, the prospective adoptive parent or parents who 72
113	110		provided such payments or reimbursements shall have no right to 73
114	111		reimbursement for such payments or reimbursements. 74
115	112		(c) A prospective adoptive parent or parents may seek 75
116	113		reimbursement for payments or reimbursements provided in 76
117		-	accordance with subsection (a) of this section if (1) the person who 77 Bill No. 125
	114	+	accordance with subsection (a) of this section if (1) the person who 77
	115	+	received such payments or reimbursements was knowingly not 78 Raised Bill No. 125
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123	118
124		-	received such payments or reimbursements was knowingly not 78
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125	121		pregnant at the time of the receipt of such payments or reimbursements, 79
126	122		or (2) such person received payments or reimbursements 80
127	123		simultaneously from a separate prospective adoptive parent or parents 81
128	124		without the knowledge of such other prospective adoptive parent or 82
129	125		parents. 83
130	126		(d) Except as provided in subsection (e) of this section, prior to the 84
131	127		provision of payment or reimbursement in accordance with subsection 85
132	128		(a) of this section, the prospective adoptive parent or parents providing 86
133		-	such payment or reimbursement shall file, with the Probate Court in 87
	129	+	such payment or reimbursement shall file with the Probate Court in 87
134	130		which an application and agreement for adoption pursuant to section 88
135	131		45a-727 has been or will be filed, a sworn affidavit containing a list of all 89
136	132		expenses, fees and services that such parent or parents intend to pay or 90
137	133		for which such parent or parents intend to reimburse. The Probate Court 91
138	134		shall, ex parte and without prior notice, approve reasonable payments 92
139	135		and reimbursements for such expenses, fees and services. If the Probate 93
140	136		Court determines that a payment or reimbursement is unreasonable, the 94
141	137		Probate Court shall schedule a hearing on such affidavit to occur not 95
142	138		later than thirty days after such affidavit is filed. Not later than thirty 96
143	139		days after such hearing, the court shall issue an order approving or 97
144	140		disapproving each payment or reimbursement based on specific 98
145	141		findings of fact. 99
146	142		(e) A prospective adoptive parent or parents may make payments or 100
147	143		reimbursements, in accordance with subsection (a) of this section, of not 101
148	144		more than two thousand dollars total, without filing a sworn affidavit 102
149	145		in accordance with subsection (d) of this section, provided the child-103
150	146		placing agency determines (1) there is a demonstrated need for such 104
151	147		payments or reimbursements to protect the health or well-being of the 105
152	148		pregnant person or child, and (2) such payments or reimbursements are 106
153	149		reasonable. 107
154	150		Sec. 5. Section 45a-728d of the general statutes is repealed and the 108
155		-	following is substituted in lieu thereof (Effective July 1, 2024): 109 Bill No. 125
	151	+	following is substituted in lieu thereof (Effective July 1, 2024): 109
	152	+	Any [birth] alleged genetic parent, or such parent's legal 110 Raised Bill No. 125
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161	155
162		-	Any [birth] alleged genetic parent, or such parent's legal 110
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	157	+
163	158		representative, may advertise through any public media [in this state] 111
164	159		for the placement of [his or her] such alleged genetic parent's child for 112
165	160		the purposes of identified adoption or adoption through a child-placing 113
166	161		agency. Any prospective adoptive parent, or such prospective adoptive 114
167	162		parent's legal representative, may advertise through any public media 115
168	163		[in this state] for placement of a child into [his or her] such prospective 116
169	164		adoptive parent's care for the purposes of identified adoption or 117
170	165		adoption through a child-placing agency. 118
171	166		Sec. 6. Section 45a-763 of the general statutes is repealed and the 119
172	167		following is substituted in lieu thereof (Effective July 1, 2024): 120
173	168		(a) An Adoption Review Board is established, to consist of the 121
174	169		Commissioner of Children and Families or [his] the commissioner's 122
175	170		designee, the Probate Court Administrator or [his] the administrator's 123
176	171		designee, and [an officer] a representative of a child-placing agency 124
177	172		which is located in the state and licensed by the Commissioner of 125
178	173		Children and Families, who shall be appointed by the Governor to serve 126
179	174		for a term of four years from the date of [his] such appointment. 127
180	175		(b) Each designee or [officer] representative shall be a person who is 128
181	176		familiar with and experienced in adoption procedures, policies and 129
182	177		practices. 130
183	178		(c) The members of the board shall select a [chairman] chairperson 131
184	179		from among their membership who shall serve for a term of two years 132
185	180		from his election or until his successor is elected. 133
186	181		(d) The members of the board shall receive no compensation for their 134
187	182		services as such. 135
188	183		Sec. 7. Section 17a-102a of the general statutes is repealed and the 136
189	184		following is substituted in lieu thereof (Effective July 1, 2024): 137
190	185		(a) Each birthing hospital shall provide education and training for 138
191		-	nurses and other staff who care for high-risk newborns on the roles and 139 Bill No. 125
	186	+	nurses and other staff who care for high-risk newborns on the roles and 139
	187	+	responsibilities of such nurses and other staff as mandated reporters of 140 Raised Bill No. 125
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198		-	responsibilities of such nurses and other staff as mandated reporters of 140
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	192	+
199	193		potential child abuse and neglect under section 17a-101. 141
200	194		(b) The Department of Children and Families shall coordinate with 142
201	195		each birthing hospital in the state to disseminate information regarding 143
202	196		(1) procedures for the principal providers of daily direct care of high-144
203	197		risk newborns in birthing hospitals to participate in the discharge 145
204	198		planning process, and (2) ongoing department functions concerning 146
205	199		high-risk newborns. 147
206	200		(c) Not later than January 1, [2019] 2025, the Commissioner of 148
207	201		Children and Families shall, in consultation with other departments, 149
208	202		agencies or entities concerned with the health and well-being of 150
209	203		children, develop guidelines for the safe care of newborns who exhibit 151
210	204		physical, neurological or behavioral symptoms consistent with prenatal 152
211	205		substance exposure, withdrawal symptoms from prenatal substance 153
212	206		exposure or fetal alcohol spectrum disorder. Such guidelines shall 154
213	207		include, but are not limited to, instructions to providers regarding such 155
214	208		providers' participation in the discharge planning process, including the 156
215	209		creation of written [plans of safe care] family care plans, which shall be 157
216	210		developed between such providers and [mothers] birth parents of such 158
217	211		newborns as part of such process. 159
218	212		(d) A provider involved in the delivery or care of a newborn who, in 160
219	213		the estimation of such provider, exhibits physical, neurological or 161
220	214		behavioral symptoms consistent with prenatal substance exposure, 162
221	215		withdrawal symptoms from prenatal substance exposure or fetal 163
222	216		alcohol spectrum disorder shall notify the Department of Children and 164
223	217		Families of such condition in such newborn. Such notice shall be made 165
224	218		in a form and manner prescribed by the Commissioner of Children and 166
225	219		Families and in addition to any applicable reporting requirements 167
226	220		pursuant to chapter 319a. [On and after January 15, 2019, such] Such 168
227	221		notice shall include a copy of the [plan of safe care] family care plan 169
228	222		created pursuant to the guidelines developed pursuant to subsection (c) 170
229		-	of this section. 171 Bill No. 125
	223	+	of this section. 171
	224	+	(e) For purposes of this section: 172 Raised Bill No. 125
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236		-	(e) For purposes of this section: 172
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237	230		(1) "Birthing hospital" means a health care facility, as defined in 173
238	231		section 19a-630, operated and maintained in whole or in part for the 174
239	232		purpose of caring for [women] pregnant parents during delivery of a 175
240	233		child and for [women] postpartum parents and their newborns 176
241	234		following birth; 177
242	235		(2) "High-risk newborn" means any newborn identified as such under 178
243	236		any regulation or policy of the Department of Children and Families; 179
244	237		and 180
245	238		(3) "Provider" means any person licensed pursuant to chapter 370, 377 181
246	239		or 378. 182
247	240		This act shall take effect as follows and shall amend the following
248	241		sections:
249	242
250	243		Section 1 July 1, 2024 45a-728
251	244		Sec. 2 July 1, 2024 45a-728a
252	245		Sec. 3 July 1, 2024 45a-728b
253	246		Sec. 4 July 1, 2024 45a-728c
254	247		Sec. 5 July 1, 2024 45a-728d
255	248		Sec. 6 July 1, 2024 45a-763
256	249		Sec. 7 July 1, 2024 17a-102a
257	250
258		-	KID Joint Favorable
	251	+	Statement of Purpose:
	252	+	To (1) require the Department of Children and Families to adopt
	253	+	regulations concerning adoptive placement of children by child-placing
	254	+	agencies, (2) specify the types of payments and reimbursements that
	255	+	may be made by prospective adoptive parents to pregnant parents and
	256	+	requirements for making such payments and reimbursements, (3)
	257	+	specify that a genetic parent's legal representative or prospective
	258	+	adoptive parent's legal representative may advertise through public
	259	+	media for the purposes of identified adoption or adoption through a
	260	+	child-placing agency, and (4) make minor revisions to statutes
	261	+	concerning adoption and the safe care of newborns.
	262	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	263	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	264	+	underlined.]
259	265