House Amendment 1
H 3555 - Session 125 (2023-2024)
Permanency Planning

The Committee on Judiciary proposes the following amendment (LC-3555.VR0002H):

Amend the bill, as and if amended, SECTION 1, by striking Section 63-7-1700(E)(2) and inserting:

(2) If the child has been placed in a prospective adoptive home at the time of the completion of the hearing at which the court approves a permanent plan of termination of parental rights and adoption, the department may file a petition for adoption together with the petition for termination of parental rights; provided, however, the department must file the petition for adoption no later than thirty days after filing the petition for termination of parental rights.

Amend the bill further, SECTION 1, by striking Section 63-7-1700(E)(1) and inserting:

(1)(a) "thorough Thorough adoption assessment" means conducting and documenting face-to-face interviews with the child, foster care providers, relatives, and other significant parties, including fictive kin; and.

Amend the bill further, SECTION 1, by striking Section 63-7-1700(G) and inserting:

(G) If after assessing the viability of adoption, the department demonstrates that termination of parental rights is not in the child's best interests, the court may award custody or legal guardianship, or both, to a suitable, fit, and willing relative , fictive kin, or nonrelative if the court finds this to be in the best interest of the child; however, a home study on the individual whom the department is recommending for custody of the child must be submitted to the court for consideration before custody or legal guardianship, or both, are awarded. The court may order a specified period of supervision and services not to exceed twelve months, and the court may authorize a period of visitation or trial placement prior to receiving a home study.

Amend the bill further, SECTION 4, by striking Section 63-7-1660(H)(1) and inserting:

(1) If the court removes custody of the child and there is a pending petition for termination of parental rights filed by the department, the department shall promptly exercise and document every reasonable effort to promote and expedite an adoptive placement and the adoption of the child, and the department must not delay adoption planning because of a pending termination of parental rights action or because of an upcoming permanency planning hearing.