This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0687 - Expands the rights of birth parents, grandparents, foster parents and guardians in the adoption process
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO. 2880-02
BILL NO. SB 687
SUBJECT: Expands the Rights of Parties in Adoption Process
TYPE: Original
DATE: January 23, 1998
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| None | $0 | $0 | $0 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| None | $0 | $0 | $0 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 1999 | FY 2000 | FY 2001 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 3 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials from the Department of Social Services, Office of State Court's Administrator, and Office of the Secretary of State do not expect to be fiscally impacted by this proposal.
Officials from the Department of Health (DOH) do not expect the DOH to be fiscally impacted by this proposal. The DOH indicated this proposal changes the response time to within 24 hours the DOH has to notify any court or person of the names and addresses of persons listed on the Putative Father Registry. The DOH indicated this is the current practice and as a result, this proposal will not fiscally impact the DOH.
| FISCAL IMPACT - State Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 1999 | FY 2000 | FY 2001 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal relates to adoption law. The proposal affects the rights of birth parents, adoptive parents, foster parents, and grandparents in the adoption process.
Birth Parents - The consent of the father is required before an adoption can be approved. If the father's paternity is in question, he must file with the putative father registry no later than 15 days after the birth of the child in order to retain his rights. The putative father registry is administered by the Department of Health. Whenever an authorized agency or court requests the names and addresses of men on the putative father registry, the department must provide information within 24 hours. Birth parents may place a child for adoption with a licensed child placement agency or any suitable party for up to one year. Children cannot be placed with prospective adoptive parents without a court order. Both parents shall have the right to legal representation and payment of reasonable legal fees incurred throughout the adoption process.
DESCRIPTION (continued)
Adoptive Parents and Foster Parents - Assessments of prospective adoptive parents no longer need to be submitted at least ten days prior to the scheduled hearing of the adoptive petition. A foster parent or legal custodian of a child may file a petition with the court for transfer and termination of parental rights. Current foster parents and legal guardians are given the right to testify at all hearings regarding the child.
Grandparents - Visitation rights for grandparents are expanded through this proposal to include times when the child is adopted by a stepparent, another grandparent, or other blood relative.
Attorneys and the Courts - Attorneys representing a party in the adoption process can no longer act as witnesses in the proceedings. During hearings to determine whether an adoption
shall be finalized, the courts are no longer required to ascertain whether allegations within adoption petitions are true.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Social Services
Department of Health
Office of State Court's Administrator
Secretary of State's Office
Jeanne Jarrett, CPA
Director
January 23, 1998