The Adoption Project Praises Passage of Adoption & Foster Care Bills
New legislation will help lead to stronger families built through adoption & foster care
NASHVILLE, TN – The Adoption Project today praised the final passage of legislation by the Tennessee General Assembly that will make meaningful improvements to the adoption and foster care systems in Tennessee. Three bills headed to the governor's desk include several policy recommendations made by The Adoption Project to strengthen stability, permanency, efficiency and support of children and families:
Gov. Bill Lee’s adoption and foster care reforms - SB270 / HB 318 (Sen. Jack Johnson & Sen. Ferrell Haile/Rep. William Lamberth & Rep. Iris Rudder)
Adoption and foster care omnibus - SB528 / HB551 (Sen. Ferrell Haile/Rep. Mary Littleton)
Protecting Tennesseans from illegal adoption facilitators - SB542 / HB606 (Sen. Page Walley/Rep. David Hawk)
SB542/HB606 was approved unanimously by both the Senate and House of Representatives.
“This legislation makes transformational changes and positions Tennessee as a leader in building strong families through adoption and foster care,” said Jeremy Harrell, founder, president and CEO of The Adoption Project. “This package advances our goal of making Tennessee the most adoption friendly state in the country.”
“We thank Gov. Bill Lee for his commitment to children and families and for making adoption and foster care focuses of his legislative agenda. We are also tremendously grateful to Sen. Ferrell Haile and Rep. Mary Littleton who are tireless champions for the welfare of children and helped lead the coordinated effort as these bills passed through the General Assembly, and to Senator Page Walley and Representative David Hawk who shepherded our legislation to protect expectant parents and prospective adoptive parents from fraud.” Harrell added.
The bills are among a slate of adoption and foster care legislation passed by the General Assembly this session. The array of changes to the adoption and foster care systems includes:
Reduces the time to permanency for children and adoptive families. (SB270 / HB 318)
Increases support for birth parents making a voluntary placement and expands access to counseling services. (SB270 / HB 318)
Strengthens the focus on the best interests of children. (SB528 / HB551)
Reduces delays in court cases for children in the foster care system. (SB528 / HB551)
Improves stability for children in the foster care system. (SB270 / HB 318 and SB528 / HB551)
Recognizes the significant relationship between foster parents and children in their care. (SB528 / HB551)
Protects expectant parents, prospective adoptive parents, and children from illegal unlicensed adoption facilitators. (SB542 / HB606)
More detailed information is included at the end of this release. Additional legislation is still being considered by the General Assembly, and the proposed budget includes funding for additional improvements to the system.
ABOUT THE ADOPTION PROJECT
The Adoption Project is a non-profit 501(c)4 organization focused on adoption-friendly public policy. We are working to build a policy model which destigmatizes placing a child for adoption, streamlines the adoption process, fosters strong bonds and permanence for families, and encourages support for birth parents so that every child finds a family. Visit AdoptionFriendly.org.
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KEY POINTS OF ADOPTION AND FOSTER CARE LEGISLATION IN 2023
Collectively, the adoption and foster care related bills approved by the General Assembly so far this year help advance a number of goals established by The Adoption Project.
Improve the timing and process related to the voluntary surrender of a child
Changes the period for voluntary surrender of a child to 48 hours after birth or upon the birth parent’s discharge from the hospital or birthing facility.
Allows the court to reduce the revocation period of a voluntary surrender to 24 hours if the birth parent is represented by an attorney.
Achieve permanency faster and more efficiently for the child
Allows adoptions to be finalized in three months instead of six months.
Reduces delays in the court process for children surrendered under the Safe Haven law and allows the adoption to be finalized faster.
Expands the venue for adoption finalization.
Reduces from 12 to 9 months the period after finalization during which an adoption can be overturned by a court.
Reduce the cost of adoption
Protects Tennesseans from fraud by strengthening enforcement against illegal, unlicensed adoption facilitators by adding violations to the Tennessee Consumer Protection Act and allowing adoptive parents to file civil actions against violators.
Expand support for birth mothers
Extends the time in which allowable support and expenses for a birth mother may be provided.
Extends the period of time counselling services can be provided to birth parents who have voluntarily surrendered their child for adoption.
Allows for counseling services to be provided virtually.
Improve stability and encourage permanency for children in foster care
Requires the Department of Children’s Services to prioritize efforts to locate an appropriate kinship foster care placement for at least 30 days following a child coming into custody.
Allows the transfer home studies conducted by licensed social workers between provider agencies and the Department of Children’s Services for the purpose of adoption.
Establishes that a foster parent or kinship caregiver with whom a child has resided for at least six months is a person who has a significant relationship with the child.
Reduces the time in which a parent fails to visit or provide support to constitute abandonment and the time of a sentence in a correctional facility for a criminal act as grounds for termination of parental rights.
Strengthen focus on child safety and best interests
Establishes that the goal of the Department of Children’s Services is to act in the best interests of the child at all times.
Requires an assessment, including a home visit, to help ensure children in the state’s custody are returned to a safe home where they will receive proper care and supervision.
Mandates the state to pursue the termination of parental rights against a parent whose child is in foster care if the parent has not made reasonable progress towards reunification for six months.
Improve the Court Process
Allows foster parents who have cared for children for nine months or more to appear and actively participate in court hearings regarding the best interests of the child.
Eliminates the requirement that appeals of juvenile court cases heard by magistrates automatically receive a new hearing before the judge.
Help in the recruitment of more, caring foster families
Creates a voluntary respite period for foster families who may need a break from accepting placements.
