Relating to adoption proceedings by providing for representation of adoptive parents and guardians ad litem by local public defenders for children in certain adoption proceedings and modifying filing requirements for adoption petitions and notice requirements for adoption hearings of adults

This bill relates to adoption proceedings including provisions relating to representation of the parties and provision of a guardian ad litem for a child in certain adoption proceedings, attachments to an adoption petition, and requirements for notice of an adoption hearing. Regarding the powers and duties of local public defenders, the bill provides for the representation of certain parties and for provision of a guardian ad litem for a child in certain adoption proceedings. Under current law, a local public defender office shall represent an indigent party, upon order of the court, in child in need of assistance, family in need of assistance, delinquency, and termination of parental rights proceedings pursuant to Code chapter 232 (juvenile justice) when designated by the state public defender to represent the indigent party in the type of case for that county. Additionally, under current law, a local public defender office shall represent, in a subsequent adoption proceeding, an indigent party who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 in which the local public defender office was involved. If a conflict of interest arises, the representation shall be provided through referral of the indigent party to outside counsel with whom the state public defender has contracted, subject to the fees for legal services incorporated in the contract. The bill amends the provisions relating to representation by the local public defender office in the specified type of subsequent adoption proceeding by providing that the local public defender office or designee shall represent in any such subsequent adoption proceeding both indigent and nonindigent parties who file an adoption petition. The bill also makes a conforming change to provide that a referral for representation in the case of a conflict of interest applies to both indigent and nonindigent parties, as applicable. Under current law, a local public defender office shall serve as guardian ad litem for each child in all cases in which a local public defender office is the state public defender’s designee. The local public defender is responsible for determining who shall serve as guardian ad litem pursuant to Code chapter 232 (juvenile justice) and for assuring that the duties are fulfilled. The bill requires, additionally, that a local public defender office shall be appointed to serve as guardian ad litem in a subsequent adoption proceeding to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 in which the local public defender office was involved. If a conflict of interest arises, the guardian ad litem for the child shall be provided through retention of outside counsel with whom the state public defender has contracted, subject to the fees for guardian ad litem services incorporated in the contract. The bill also amends provisions relating to the contents of an adoption petition. Current law requires an adoption petition to have attached a certified copy of the birth certificate showing the parentage of the person to be adopted or, if such certificate is not available, a verified birth record. The bill provides that if the department of health and human services (HHS) is the guardian of the child being adopted, HHS shall provide a certified copy of a birth certificate or a verified birth record, as applicable, to the person adopting the child. The bill amends provisions relating to the notice of adoption hearing to distinguish between whether the person to be adopted is a child or an adult.1 (grandparent and great-grandparent visitation); a person who is ordered to pay support or a postsecondary education subsidy; and any siblings of the person to be adopted under certain conditions. These current notice of adoption hearing provisions still apply, unless the person to be adopted is an adult. Alternatively, the bill provides that if the person to be adopted is an adult, at least days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner only to the person to be adopted and any other person who is required to consent to the adoption.