SB214 By Senator Chesteen RFD Children, Youth and Human Services Rd 1 20-FEB-20

SYNOPSIS: Existing law provides factors for a juvenile court to consider in making a determination of whether to terminate parental rights.

This bill would require a juvenile court to consider a child's relationship with his or her current foster parents and the child's best interests when making a determination of whether to terminate parental rights.

This bill would provide that a juvenile court is not required to consider a relative for candidacy to be a child's legal guardian if the relative has not met certain requirements.

This bill would also provide that service on an individual whose parental rights have been terminated are not entitled to receive notice of pendency regarding an adoption proceeding involving a child for whom the individual's parental rights have been terminated.

A BILL TO BE ENTITLED AN ACT

Relating to juveniles; to amend Sections 12-15-319 and 26-10A-17, Code of Alabama 1975; to require a juvenile court to consider a child's relationship with his or her current foster parents and the child's best interests when making a determination of whether to terminate parental rights; to provide that a juvenile court is not required to consider a relative for candidacy to be a child's legal guardian if the relative has not met certain requirements; and to provide that service on an individual whose parental rights have been terminated are not entitled to receive notice of pendency regarding an adoption proceeding involving a child for whom the individual's parental rights have been terminated.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-15-319 and 26-10A-17, Code of Alabama 1975, are amended to read as follows:

§12-15-319.

"(a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable or unwilling to discharge their responsibilities to and for the child, or that the conduct or condition of the parents renders them unable to properly care for the child and that the conduct or condition is unlikely to change in the foreseeable future, it may terminate the parental rights of the parents. In a hearing on a petition for termination of parental rights, the court shall consider the best interests of the child. In determining whether or not the parents are unable or unwilling to discharge their responsibilities to and for the child and to terminate the parental rights, the juvenile court shall consider the following factors including, but not limited to, the following:

"(1) That the parents have abandoned the child, provided that in these cases, proof shall not be required of reasonable efforts to prevent removal or reunite the child with the parents.

"(2) Emotional illness, mental illness, or mental deficiency of the parent, or excessive use of alcohol or controlled substances, of a duration or nature as to render the parent unable to care for the needs of the child.

"(3) That the parent has tortured, abused, cruelly beaten, or otherwise maltreated the child, or attempted to torture, abuse, cruelly beat, or otherwise maltreat the child, or the child is in clear and present danger of being thus tortured, abused, cruelly beaten, or otherwise maltreated as evidenced by the treatment of a sibling.

"(4) Conviction of and imprisonment for a felony.

"(5) Commission by the parents of any of the following:

"a. Murder or manslaughter of another child of that parent.

"b. Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of another child of that parent.

"c. A felony assault or abuse which results in serious bodily injury to the surviving child or another child of that parent. The term serious bodily injury shall mean bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

"(6) Unexplained serious physical injury to the child under those circumstances as would indicate that the injuries resulted from the intentional conduct or willful neglect of the parent.

"(7) That reasonable efforts by the Department of Human Resources or licensed public or private child care agencies leading toward the rehabilitation of the parents have failed.

"(8) That parental rights to a sibling of the child have been involuntarily terminated.

"(9) Failure by the parents to provide for the material needs of the child or to pay a reasonable portion of support of the child, where the parent is able to do so.

"(10) Failure by the parents to maintain regular visits with the child in accordance with a plan devised by the Department of Human Resources, or any public or licensed private child care agency, and agreed to by the parent.

"(11) Failure by the parents to maintain consistent contact or communication with the child.

"(12) Lack of effort by the parent to adjust his or her circumstances to meet the needs of the child in accordance with agreements reached, including agreements reached with local departments of human resources or licensed child-placing agencies, in an administrative review or a judicial review.

"(13) The existence of any significant emotional ties that have developed between the child and his or her current foster parent or parents, with additional consideration given to the following factors:

"a. The length of time that the child has lived in a stable and satisfactory environment.

"b. Whether severing the ties between the child and his or her current foster parent or parents is contrary to the best interest of the child.

"c. Whether the juvenile court has found at least one other ground for termination of parental rights.

"(b) If a parent has been convicted of rape in the first degree pursuant to Section 13A-6-61, sodomy in the first degree pursuant to Section 13A-6-63, or incest pursuant to Section 13A-13-3, the juvenile court shall make a finding that the parent is unable to properly care for a child and to discharge his or her responsibilities to and for a child, and shall terminate the parental rights of the parent.

"(c) The juvenile court is not required to consider a relative to be a candidate for legal guardian of the child in a proceeding for termination of parental rights if both of the following circumstances exist:

"(1) The relative did not attempt to care for the child or obtain custody of the child within four months of the child being removed from the custody of the parents or placed in foster care, if the removal was known to the relative.

"(2) The goal of the current permanency plan formulated by the Department of Human Resources is adoption by the current foster parents.

"(c)(d) A rebuttable presumption that the parents are unable or unwilling to act as parents exists in any case where the parents have abandoned a child and this abandonment continues for a period of four months next preceding the filing of the petition. Nothing in this subsection is intended to prevent the filing of a petition in an abandonment case prior to the end of the four-month period.

§26-10A-17.

"(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on:

"(1) Any person, agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless service has been previously waived or consent has been implied parental rights have been terminated pursuant to Section 12-15-319.

"(2) The legally appointed custodian or guardian of the adoptee.

"(3) The spouse of any petitioner who has not joined in the petition.

"(4) The spouse of the adoptee.

"(5) The surviving parent or parents of a deceased parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.

"(6) Any person known to the petitioners as currently having physical custody of the adoptee, excluding licensed foster care parents or other private licensed agencies or having visitation rights with the adoptee under an existing court order.

"(7) The agency or individual authorized to investigate the adoption under Section 26-10A-19.

"(8) Any other person designated by the court.

"(9) The State of Alabama Department of Human Resources.

"(10) The father and putative father of the adoptee if made known by the mother or otherwise known by the court unless the court finds that the father or putative father has given implied consent to the adoption, as defined in Section 26-10A-9 or unless parental rights have been terminated pursuant to Section 12-15-319.

"(b) The notice shall specifically state that the person served must respond to the petitioner within 30 days if he or she intends to contest the adoption. A copy of the petition for adoption shall be delivered to those individuals or agencies in subdivisions (a)(2) through (a)(10). Any notice required by this chapter may be served on a natural parent prior to birth.

"(c) Service of the notice shall be made in the following manner:

"(1) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure except as otherwise provided by the Alabama Rules of Juvenile Procedure. If the identity or whereabouts of the parent is unknown, or if one parent fails or refuses to disclose the identity or whereabouts of the other parent, the court shall then issue an order providing for service by publication, by posting, or by any other substituted service.

"(2) As to the agency or individual referred to in subdivisions (a)(7) and (a)(9) above, notice shall be by certified mail.

"(3) As to any other person for whom notice is required under subsection (a) of this section, service by certified mail, return receipt requested, shall be sufficient. If such service cannot be completed after two attempts, the court shall issue an order providing for service by publication, by posting, or by any other substituted service.

"(d) The notice required by this section may be waived in writing by the person entitled to receive notice.

"(e) Proof of service of the notice on all persons for whom notice is required by this section must be filed with the court before the adjudicational hearing, provided in Section 26-10A-24."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Juveniles

Parental Rights

Foster Parents

Adoption

Code Amended